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

Judgment text excerpt

$~11 * 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 left leg Signature Not Verified MAC.APP. 271/2021 Digitally Signed By:RAHUL Page 1 of 11 KUMAR CHOUDHARY Signing Date:02.04.2026 15:04:24 and fracture to the shaft of right femur. Upon filing claim petition, MACT relied on the testimony of the injured/respondent no.1 [PW-3] and eyewitness/employer [PW-4], and the absence of rebuttal evidence, held the driver to be negligent. 3. MACT awarded compensation to the respondent no.1/injured on account of grievous injuries resulting in above-knee amputation of the left leg and fracture of the right femur, treating the functional disability a