ORIENTAL INSURANCE CO. LTD vs FUL KUWAR DEVI & ORS

Judgment text excerpt

$~3 & 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11th March 2026 (3) + MAC.APP. 982/2013 ORIENTAL INSURANCE CO. LTD .....Appellant Through: Mr. Pankaj Seth, Ms. Shruti Jain, Advocates. versus FUL KUWAR DEVI & ORS ....Respondents Through: Mr. Manish Maini, Ms. Anjali Singh, Advocates for Respondent Nos.1-5. (4) + MAC.APP. 336/2014 FUL KUWAR DEVI & ORS .....Appellant Through: Mr. Manish Maini, Ms. Anjali Singh, Advocates. versus ORIENTAL INSURANCE COMPANY LTD ....Respondent Through: Mr. Pankaj Seth, Ms. Shruti Jain, Advocates. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. These cross-appeals have been filed in respect of impugned award dated 31st August 2013 passed by the Motor Accident Claims Tribunal Signature Not Verified MAC.APP. 982/2013 & MAC. APP. 336/2014 Page 1 of 8 Digitally Signed By:MANISH KUMAR Signing Date:18.03.2026 10:16:21 [‘MACT’], Karkardooma Courts, New Delhi (hereinafter, ‘Tribunal’) in MACT No. 83/2011 whereby compensation of Rs. 5,80,392/- along with interest at the rate of 7.5% per annum was granted. While the Insurance Company has filed MAC.APP. 982/2013 seeking modification in impugned award, the claimants have filed MAC.APP.336/2014 for enhancement of impugned award. 2. On 19th October 2010 at about 08:05 P.M., Pappu Pal (hereinafter, ‘deceased’) was travelling in Tata truck bearing registration no. DL-1M- 3464, when he reached near Ghazipur Toll Tax at NH-24, the driver of the offending Canter bearing registration no.DL-1LG-6919 driven in a rash and negligent manner hit the Tata truck, as a result of which the deceased sustained injuries. He was taken to LBS Hospital where he was declared as brought dead. Claim petition was filed on behalf of claimants i.e. parents, two brothers and sister of the