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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANISH DAYAL
United India Insurance Company Limited – Appellant
Versus
Sobhana – Respondent
JUDGMENT :
ANISH DAYAL, J.
MAC. APP. 87/2021 & MAC. APP. 322/2021
1. These cross-appeals have been filed assailing impugned award/judgment dated 21st September 2020 passed by Motor Accident Claims Tribunal [‘MACT’], Rohini Courts, Delhi (hereinafter, ‘Tribunal’) in MACT Case No. 105/2019 where compensation of Rs.23,13,000/- along with interest at the rate of 9% was awarded in respect of death of Sh. Rajender (hereinafter ‘deceased’) in an accident which occurred on 15th February 2017.
2. Legal representatives (‘LRs’) of deceased are Smt. Shobhna (wife of deceased), Master Ratan and Master Raman (sons of deceased), Sh. Munni Lal and Smt. Sridevi (parents of deceased) [hereinafter ‘claimants’].
3. Insurance Company has challenged the award essentially on the basis of contributory negligence of the driver of motorcycle bearing registration no. DL-7SS-3477, on which the deceased was sitting as a pillion rider. The motorcycle was being driven by one Virender, who was injured in the said accident with respect to which cross-appeals have been filed, namely, MAC.APP.91/2021 by Insurance Company and MAC.APP.327/2021 by injured/Virender
4. In this light of the matter, this particular appeal cannot
Compensation for death in a motorcycle accident is contingent on establishing contributory negligence, which must be supported by cogent evidence, and actual earnings should determine the compensatio....
The court affirmed that contributory negligence must be supported by substantive evidence, and modified compensation reflects adherence to established legal principles.
The appellant's contributory negligence and entitlement to compensation were the central legal points established in the judgment.
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