SMT KALPANA CHAUHAN vs THE ORIENTAL INSURANCE CO LTD

Judgment text excerpt

$~7 & 60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 13th May 2026 + MAC.APP. 425/2014 SMT KALPANA CHAUHAN .....Appellant Through: Mr. R.K. Sonkiya, Adv. versus THE ORIENTAL INSURANCE CO LTD .....Respondent Through: Mr. Pankaj Seth, Ms. Shruti Jain, Advs. (60) + MAC.APP. 1144/2013 ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. Pankaj Seth, Ms. Shruti Jain, Advs. versus KALPANA CHAUHAN & ORS .....Respondents Through: Mr. R.K. Sonkiya, Adv. CORAM: HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) CM APPL. 30567/2026 in MAC.APP. 1144/2013 1. An order was passed by this Court on 18 th March 2026 in MAC APP No. 1144/2013, wherein inadvertently, reference was made to paragraph nos. 34 and 35 of the impugned judgment; however, the same pertained to Suit No. Signature Not Verified Digitally Signed MAC.APP. 425/2014 & MAC.APP. 1144/2013 Page 1 of 5 By:MANISH KUMAR Signing Date:15.05.2026 19:19:04 339/2010, which related to a different claimant. The discussion in the MACT award in relation to the claimant Kalpana Chauhan, commences from paragraph no. 43 onwards of the impugned judgment. Accordingly, the order dated 18th March 2026 shall stand recalled/deleted and the following judgment will be determinative of these cross appeals. 2. Accordingly, the application is disposed of. MAC.APP. 425/2014 & MAC.APP. 1144/2013 3. These are cross appeals assailing the Award dated 15th October 2013 passed by the Motor Accident Claims Tribunal [‘MACT’], West District, Tis Hazari Courts, Delhi in Suit no. 336/2010, whereby compensation of Rs. 1,73,750/- along with interest @7.5% per annum was awarded in favour of the claimant 4. The accident occurred on 24th August 2009, when the injured/claimant, along with others was travelling in Wagon-R car, which was h