THE NEW INDIA ASSURANCE CO LTD vs SUNIL BAJAJ & ORS

Judgment text excerpt

$~59 & 60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15th May 2026 + MAC.APP. 888/2014, CM APPL. 16384/2014, CM APPL. 26033/2015, CM APPL. 19518/2026 THE NEW INDIA ASSURANCE CO LTD .....Appellant Through: Mr. J.P.N. Shahi, Advocate versus SUNIL BAJAJ & ORS .....Respondents Through: Mr. Anuj Jain, Advocate for Respondent no.1. (60) + MAC.APP. 538/2016 SUNIL BAJAJ .....Appellant Through: Mr. Anuj Jain, Advocate versus NEW INDIA ASSURANCE CO LTD & ORS .....Respondents Through: Mr. J.P.N. Shahi, 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 14th August 2014 passed by the Motor Accident Claims Tribunal, Signature Not Verified Digitally Signed By:RAHUL MAC.APP. 888/2014 & MAC.APP. 538/2016 Page 1 of 9 KUMAR CHOUDHARY Signing Date:21.05.2026 12:04:54 Central-District, Tis Hazari Courts, Delhi (‘MACT/Tribunal’), where the Tribunal awarded a compensation of Rs. 10,74,773/- along with interest @ 9% per annum to the injured-claimant (Mr. Sunil Bajaj). 2. MAC.APP. 888/2014 has been filed by the Insurance Company seeking reduction of the compensation, whereas MAC.APP. 538/2016 has been filed by the claimant seeking enhancement of compensation. 3. The accident occurred on 3rd January 2010 at about 08.15 p.m. near New Delhi Railway Station Bus Stand, near Pahar Ganj, when the claimant, Mr. Sunil Bajaj, along with his wife and 6-year-old son, were riding on the scooter, the offending vehicle being driven by respondent no.1 at high speed while overtaking an auto from the railway station side, struck the scooter, as a result of which claimant sustained various injuries. 4. The doctor certified 35% permanent disability in relation to the claimant’s right lower li