THE NEW INDIA ASSURANCE CO LTD vs SUNITA DEVI & ORS

Judgment text excerpt

$~3 & 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 8th May 2026 + MAC.APP. 947/2015 THE NEW INDIA ASSURANCE CO LTD .....Appellant Through: Mr. Anshum Jain, Advocate. versus SUNITA DEVI & ORS .....Respondents Through: Mr. Parv Agarwal, Advocate (through VC). (4) + MAC.APP. 118/2016 SUNITA DEVI & ORS .....Appellant Through: Mr. Parv Agarwal, Advocate (through VC). versus RAJESH KUMAR & ANR (NEW INDIA ASSURANCE CO LTD) .....Respondents Through: Mr. Anshum Jain, Advocate. CORAM: HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. These cross-appeals have been filed assailing the judgment dated 16th September 2015 passed by the Motor Accident Claims Tribunal, Shahdara, Karkardooma Courts, Delhi (‘MACT/Tribunal’) in MAC Petition No. 20/2013, awarding compensation of Rs. 11,71,735/- along with interest at the Signature Not Verified Digitally Signed By:RAHUL MAC.APP. 947/2015 & MAC.APP. 118/2016 Page 1 of 7 KUMAR CHOUDHARY Signing Date:11.05.2026 13:27:00 rate of 12% per annum. 2. MAC.APP. 947/2015 has been filed by the Insurance Company seeking reduction of compensation, whereas MAC.APP. 118/2016 has been filed by the claimants, seeking enhancement of compensation. 3. This relates to an accident which occurred on 13th August 2012 at about 07.30 a.m. near U-Turn, Phase II, G. T. Road, Noida, when the deceased (Dhirendra Kumar Chaudhary) was going on foot and was struck by a motorcycle bearing registration No. DL-7S-BL-8469 being driven by respondent no.6. 4. The MACT held that the accident had taken place due to the rash and negligent driving of respondent no. 6. The deceased was 35 years of age at the time accident and as per testimony of his wife, Sunita Devi, he was working with M/s VRTS Industries Solutions Pvt. Ltd. at B-177, Phase II, Noid