MAC.APPs. 920/2018, 922/2018, 254/2019 & 20/2021 Page 1 of 17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 29.11.2023

Pronounced on: 05.01.2024

+

MAC.APP. 920/2018 & CM APPLs. 42657/2018, 17673/2022

IFFCO TOKIO GENERAL INSURANCE CO LTD ..... Appellant

Through:

Mr.Brijesh Bagga, Adv.

versus

SAJJANPATI @ SAJNA & ORS

..... Respondents

Through:

Mr.Anshuman Bal, Adv. for R-1-2.

Mr.M.S.Aggarwal, Adv. for R-3.

Mr.Devendra Kumar, Adv. for R-4.

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MAC.APP. 922/2018 & CM APPLs. 42721/2018, 42723/2018

IFFCO TOKIO GENERAL INSURANCE CO LTD .... Appellant

Through:

Mr.Brijesh Bagga, Adv.

versus

SANJU RANI & ORS

..... Respondents

Through:

Mr.Vijay Kumar, Adv. for the LRs of

Naveen Kumar

Mr.Devendra Kumar, Adv. for R-4.

Mr.M.S.Aggarwal, Adv. for R-5.

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MAC.APP. 254/2019 & CM APPL. 7179/2019

ANIL KUMAR

..... Appellant

Through:

Mr.Devendra Kumar, Adv.

versus

IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED &

ORS

..... Respondents

Through:

Mr.Brijesh Bagga, Adv. for R-1.

Digitally Signed

By:SUNIL

Signing Date:06.01.2024

15:31:39

Signature Not Verified

MAC.APPs. 920/2018, 922/2018, 254/2019 & 20/2021 Page 2 of 17

Mr.M.S.Aggarwal, Adv. for R-2.

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MAC.APP. 20/2021

SUMIT

..... Appellant

Through:

Mr.M.S.Aggarwal, Adv.

versus

IFFCO TOKIO GENERAL INSURANCE COMPANY LTD & ORS

..... Respondents

Through:

Mr.Brijesh Bagga, Adv. for R-1.

Mr.Devendra Kumar, Adv. for R-4.

Mr.Dhananjay Rana, Mr.Vikrant

N.Goyal, Advs. for LR.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

J U D G M E N T

1.

These appeals have been filed challenging the Award(s) dated

04.06.2018 (hereinafter referred to as the ‘Impugned Awards’) passed by the

learned Motor Accident Claims Tribunal, North-West District, Rohini

Courts, Delhi (hereinafter referred to as the ‘Tribunal’) in MACT case

No.450274/2016, titled Sajjanpati @ Sajna & Anr. v. Sumit & Ors.

(MAC.APP. 920/2018) and MACT case No.450220/2016, titled Sanju Rani

& Ors. v. Sumit & Ors. (MAC.APP.922/2018).

2.

As the above Claim Petitions claimed compensation for the death of

two persons who died in the same accident, and as common questions arise

for consideration in these appeals, they are being considered and disposed of

by way of this common judgment.

3.

While MAC.APP.920/2018 and MAC.APP.922/2018 have been filed

by the IFFCO Tokio General Insurance Company Limited (hereinafter

Digitally Signed

By:SUNIL

Signing Date:06.01.2024

15:31:39

Signature Not Verified

MAC.APPs. 920/2018, 922/2018, 254/2019 & 20/2021 Page 3 of 17

referred to as the ‘Insurance Company’), MAC.APP 254/2019 has been filed

by the owner of the car bearing registration no.HR-79-3123 (hereinafter

referred to as the ‘Offending Vehicle’), and MAC.APP.20/2021 has been

filed by Sh.Sumit, who was alleged by the claimants in the two Claim

Petitions before the learned Tribunal to be the driver of the offending

vehicle at the time of the accident.

Factual Brief

4.

It was the case of the claimants in both the Claim Petitions before the

learned Tribunal that on 12.05.2014, at about 5:00 PM, Surinder Singh,

Naveen Kumar, Sumit and Sudhir were going in the offending vehicle to

Haridwar. The Offending Vehicle was being driven by Sumit at a very high

speed and in a rash and negligent manner. When the Offending Vehicle

reached near Radha Swami Satsang, coming from Kanjhawala to Karala

Mor, Kanjhawala, Delhi, Sumit lost control of the Offending Vehicle and hit

the Offending Vehicle against the divider. As a result of the accident,

Surinder and Naveen Kumar suffered fatal injuries and died at the spot.

Sh.Sumit and Sh.Sudhir also suffered injuries.

5.

The Claim Petition, being MACT case No.450274/2016, was filed by

the legal heirs of Late Sh. Surinder, while MACT case No.450220/2016 was

filed by the legal heirs of Late Sh. Naveen Kumar, claiming compensation

from the Insura