UNITED INDIA INSURANCE COMPANY LTD vs LAKSHMI KUMARI & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 30th January 2026 Pronounced on : 10th March 2026 Uploaded on : 10th March 2026 + MAC.APP. 822/2025 & CM APPL. 81939/2025 UNITED INDIA INSURANCE COMPANY LTD .....Appellant Through: Mr. Hari Prakash Sharma and Mr. Vibhash Jha, Advs. versus LAKSHMI KUMARI & ORS. .....Respondents Through: Mr. Pankaj Gupta, Adv. CORAM: HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal has been filed assailing impugning award dated 28th October 2025 passed by Motor Accidents Claims Tribunal [‘MACT’] North District, Rohini Courts, Delhi in MAC Petition No. 523/2023 whereby the MACT awarded Rs. 35,11,000/- along with interest @ 7.5% per annum. The Accident 2. On 9th June 2023, Vatan Kumar (hereinafter, ‘deceased’) along with his father was travelling to Dabua Mandi, Faridabad from Azadpur Mandi, Signature Not Verified Digitally Signed By:MANISH KUMAR MAC.APP. 8222025 Page 1 of 26 Signing Date:10.03.2026 17:50:06 Delhi for unloading vegetables on his vehicle i.e., TATA Ace bearing no. DL1L-AH-7470. At about 4:30 am, when they reached near Ajronda Pull, Khatushyam Temple, truck bearing registration no. HR55X-2035 (hereinafter, ‘offending vehicle’) was lying parked in the middle of road on the wrong side without any indication, resulting in a collision of deceased’s vehicle into the offending vehicle. As a result of this incident, deceased sustained severe injuries and later succumbed to the same. FIR No. 443/2023 was registered at Police Station, Sector 8, Faridabad. Impugned Award 3. Claim petition was filed by surviving legal heirs of deceased including, his wife/Lakshmi Kumari, one year old son/Sibosh Kumar, and parents/Rani Devi and Shyamanand Mukhiya (hereinafter, ‘claimants’). Written statements were filed by r