HDFC GENERAL INSURANCE CO LTD vs FAKIR CHAND & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 22nd April 2026 Pronounced on : 18th May 2026 Uploaded on : 19th May 2026 + MAC.APP. 608/2016 HDFC GENERAL INSURANCE CO LTD .....Appellant Through: Mr. Rajeev M Roy, Mr. P Srinivasan, Advocates. versus FAKIR CHAND & ORS .....Respondents Through: Mr. M.K Perwez, Advocate with Respondent-in-person. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal has been preferred against the judgment dated 20th May 2016 passed by the Motor Accident Claims Tribunal (‘MACT’), East District, Karkardooma Courts, in MACT No. 413/2016, whereby the Tribunal allowed the claim of injured/claimant and awarded compensation of Rs.41,66,835/- along with interest @9% per annum from date of filing of petition. The Incident 2. The accident occurred on 19th January 2014 at about 10:00 PM, when claimant and his colleague were on picket duty and were checking Signature Not Verified Digitally Signed By:RAHUL KUMAR CHOUDHARY MAC.APP. 608/2016 1/24 Signing Date:18.05.2026 19:05:49 vehicles and barricades put on road. During checking, claimant tried to stop a Hyundai I-10 car bearing registration no. DL-4C-ND-3886 coming from Geeta Colony Side at high speed. The driver without stopping dashed the car into barricades and hit the claimant, who was standing near the barricades. As a result of accident claimant sustained crush injuries on his right leg along with multiple fractures. Claimant/injured was taken to LNJP hospital and his right leg below knee was amputated, the injured was later shifted to Max Hospital where he remained admitted from 21 st January 2014 to 31st January 2014. FIR No. 42/14 was registered at PS Geeta Colony under Sections 279/338 of the India Penal Code, 1860, against driver of offending vehicle and s