VALISHA BEGAM & ORS vs PAPPU & ORS (IFFCO TOKIO GENERAL INS CO LTD)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 22nd April 2026 Pronounced on : 26th May 2026 Uploaded on : 29th May 2026 MAC.APP. 294/2018 VALISHA BEGUM & ORS .....Appellants Through: Mr. Pankaj Gupta, Advocate. versus PAPPU & ORS (IFFCO TOKIO GENERAL INS CO LTD) .....Respondents Through: Mr. A.K. Soni, Advocate. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. The present appeal is filed against the judgment dated 26 th September 2017, passed by the Motor Accident Claims Tribunal (MACT), North-East District, Karkardooma Courts, in MACT No. 134/15, whereby the Tribunal dismissed the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (‘MV Act’) by the Legal Representatives (LRs) of the deceased, holding that the negligence of the driver had not been established. However, a sum of Rs. 50,000/- along with interest @ 9% per annum from the date of filing of the claim petition was awarded under Section 140 of the MV Act. 2. The accident occurred on 25th June 2015 at about 3:00 PM, when Mohd. Tahir was going towards Loni on his bicycle at a slow speed and on the correct side of the road. When he reached near Loni, Ghaziabad, a dumper truck