MAGMA HDI GENERAL INSURANCE CO LTD vs NARESH PANDIT & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd March 2026 MAC.APP. 271/2021& CM APPL.34953/2021 MAGMA HDI GENERAL INSURANCE CO LTD.....Appellant Through: Mr. Ved Vyas Tripathi, Advocate versus NARESH PANDIT & ORS. .....Respondents Through: Mr. Shrey Chathly, Advocate. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed by the Insurance Company seeking reduction of compensation awarded vide judgment dated 20th January 2020, passed by the Motor Accident Claim Tribunal, West, Tis Hazari Courts, Delhi [“MACT”] in MACP No.76735/2016, whereby compensation of Rs.40,14,000/- along with interest @ 9% per annum was awarded. 2. Accident occurred on the intervening night of 2nd/3rd July 2014, when Naresh Pandit/injured [respondent no.1 herein], aged about 25 years, was working as a truck driver and, while repairing a punctured tyre of his truck near G.T Road, in front of Annapurna Apartment, Sahibabad, Uttar Pradesh, a truck bearing no. JH 02P 8075 [“offending vehicle”], driven by respondent no.3 and owned by respondent no.2, hit the stationary vehicle from behind causing grievous injuries and leading to above-knee amputation of l