NEW INDIA ASSURANCE CO. LTD. vs SALEEM KHAN MEWATI & ORS.

Judgment text excerpt

$~P-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17.12.2025 Pronounced on: 03.03.2026 Uploaded on: 03.03.2026 + MAC.APP. 555/2025 & CM APPL. 79119/2025 (for modification) NEW INDIA ASSURANCE CO. LTD. .....Appellant Through: Mr. Salil Paul, Mr. Sahil Paul Mr. Sandeep Dayal, Advocates. versus SALEEM KHAN MEWATI & ORS. .....Respondents Through: Mr. G.C. Pandey, Mr. Vittan Khan & Ms. Parul Bisht, Advocates for R-1. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. The present appeal has been preferred by New India Assurance Co. Ltd. [“Insurance Company”], assailing an award dated 19.05.2025, passed by the Motor Accident Claims Tribunal [“the Tribunal”] in MACT Case No. 775/2018. By the impugned award, the Tribunal awarded compensation of Rs. 1,25,35,440/-, alongwith interest at the rate of 7.5% per annum, in favour of the claimant [respondent No. 1 herein], arising out of a motor vehicle accident that occurred on 13.08.2016. A. FACTS 2. The facts of the accident, as borne out from the impugned award, Signature Not Verified Signed By:PARUL MAC.APP. 555/2025 Page 1 of 28 VASHIST Signing Date:03.03.2026 16:49:49 are that, on 13.08.2016 at about 11:00 PM, claimant alongwith his cousin, namely Beeru @ Abdul Salam, was standing opposite Madarsa and Mihir Bhoj Balika Degree College, Dadri. At that time, a car bearing registration No. HR-27C-5161 [“insured vehicle”], driven by respondent No. 2 herein, allegedly in a rash and negligent manner and at a high speed, struck the claimant with force. As a result of the impact, the claimant was thrown onto the road and sustained grievous head injuries. The insured vehicle was owned by respondent No. 3 herein, and was insured with the appellant – Insurance Company. 3. The claimant was thereafter removed from the site of the