ICICI LOMBARD GENERAL INSURANCE CO. LTD. vs NEELAM AND ORS

Judgment text excerpt

$~27 & 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 19th May 2026 + MAC.APP. 475/2025 & CM APPL. 46390/2025 ICICI LOMBARD GENERAL INSURANCE CO. LTD......Appellant Through: Mr. Ved Vyas Tripathi, Advocate. versus NEELAM AND ORS .....Respondents Through: Mr. Pankaj Gupta, Advocate for R1 & R2(through VC). (28) + MAC.APP. 209/2026 NEELAM AND ANR .....Appellants Through: Mr. Pankaj Gupta, Advocate (through VC). versus NABAB ALI AND ORS (ICICI LOMBARD GENERAL INSURANCE CO LTD ) .....Respondents Through: Mr. Ved Vyas Tripathi, Advocate. CORAM: HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. These cross-appeals have been filed challenging the impugned award dated 4th April 2025, passed by the Motor Accident Claims Tribunal, East District, Karkardooma Courts, Delhi (‘MACT’) in MACP No.529/2023, awarding compensation of Rs.23,03,490/- along with interest @ 7.5% per Signature Not Verified Digitally Signed By:RAHUL MAC.APP. 475/2025 & MAC.APP. 209/2026 Page 1 of 10 KUMAR CHOUDHARY Signing Date:21.05.2026 12:04:54 annum. While MAC.APP. 475/2025 has been filed by the Insurance Company seeking reduction of compensation, MAC.APP. 209/2026 has been filed by the claimants seeking enhancement of compensation. 2. The accident occurred on 13th July 2023 at about 03:15 a.m., when deceased was bringing Holy Kavar towards his home in Delhi on foot. When he reached in front of Jhilmil Dhaba, New Highway, a truck bearing registration No.UP-21CT-0427, driven at a high speed, rashly and negligently in a zig-zag manner, hit Deepanshu (deceased) from the backside with great force and caused fatal injuries. 3. The challenge in the petition relates to compensation in respect of the death of a minor child, who was 11 and a half years old at the time of the acciden