NEW INDIA ASSURANCE COMPANY LTD vs PAVITRA DUGANA & ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st May 2026 MAC.APP. 576/2014 & CM APPL. 10573/2014 NEW INDIA ASSURANCE COMPANY LTD .....Appellant Through: Mr. Abhishek Kumar Gola, Adv. Mr. Anshul Mehral, Adv and Mr. Yoshit Sahni, Adv. versus PAVITRA DUGANA & ORS .....Respondents Through: Ms. Farheen, Advocate for Mr. Rakesh Nautiyal, Advocate (through VC) CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J :(ORAL) 1. This appeal has been filed by the Insurance Company, assailing impugned award dated 29th April 2014, passed by the Motor Accidents Claims Tribunal (‘MACT/Tribunal’) awarding compensation of Rs. 9,31,672/- along with interest at the rate of 7.5% to the claimants. 2. The accident occurred on 31st March 2000, when the deceased, along with his companion labour was loading coolers in a truck. In the meantime, a Truck bearing No. DL-1GA-5706 (hereinafter, ‘offending vehicle’) driven by respondent no. 5/driver in a rash and negligent manner hit the deceased. Due to the impact, he fell down and received grievous injuries and as a result, passed away. Claim petition was filed by his wife and 3 3. Mr. Abhishek Kumar Gola, counsel for appellant/Insurance C