$~P-2 & 3

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 24.11.2025.

Pronounced on: 24.12.2025.

Uploaded on: 24.12.2025.

+ MAC.APP. 566/2018 & CM APPL. 24909/2018

NATIONAL INSURANCE COMPANY LTD. .....Appellant

versus

MAHESHWARI DEVI & ORS. .....Respondents

+ MAC.APP. 717/2025

MAHESHWARI DEVI .....Appellant

versus

NATIONAL INSURANCE CO. LTD. AND ORS. .....Respondents

Appearances:

Ms. Hetu Arora Sethi & Mr. Sanidhya Kumar, Advocates for National

Insurance Co. Ltd.

Mr. Anshuman Bal, Advocate for claimant.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

J U D G M E N T

1. These two appeals - MAC. APP. 566/2018 filed by National Insurance Co. Ltd. [“Insurance Company”], and MAC. APP. 717/2025 filed by Smt. Maheshwari Devi [“claimant”] - are both directed against an award of the Motor Accident Claims Tribunal [“Tribunal”] dated 16.04.2018 passed in MACT No. 575/2017, arising out of a road accident

which took place on 27.05.2017, leading to the demise of one Mr. Manish Kumar. By the said award, the claimant has been awarded compensation of ₹10,78,000/- alongwith interest at the rate of 9% per annum.

A. FACTS & IMPUGNED AWARD

2. The facts of the case, as stated in the award, are that on 27.05.2017, at about 09:00 PM, the deceased, Manish Kumar, was riding his motorcycle when, upon reaching the dividing road near Sector-13, DSIIDC, he struck against a truck bearing registration No. HR-55U-7927, which had been parked in the middle/left side of the road. As a result of the impact, Mr. Manish Kumar fell onto the road along with his motorcycle and sustained grievous injuries. He was immediately admitted to Maharishi Valmiki Hospital, from where he was referred to Lok Nayak Hospital, where he succumbed to his injuries on 28.05.2017. The deceased was 25 years of age at the time of the accident.

3. Following the accident, a criminal case was registered¹ on the information presented by the eyewitness, Mr. Sunil s/o Khalla. A chargesheet has also been filed in the criminal proceedings.

4. The parents of the deceased – Shri Munna Lal and Smt. Maheshwari Devi, instituted proceedings for compensation before the Tribunal under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 [“Act”]. The claimants arrayed the driver, owner, and insurer of the truck as respondent Nos. 1 to 3, respectively, before the Tribunal. The father of the deceased died during the pendency of the proceedings, which were thereafter, continued by the mother. The driver and owner are arrayed as respondent Nos. 2 and 3 in each of these appeals.

5. The case of the claimant was based upon the allegation of rash and negligent driving against the driver of the truck. However, no written statement was filed by the driver or owner of the truck. The Insurance Company alone contested the claim, by filing of a written statement in which it disputed the allegation of negligence, and suggested that negligence was attributable to the deceased himself.

6. The Tribunal framed the following issues by order dated

20.09.2017:

“1. Whether Manish (victim) died due to vehicular accident occurred on 27.05.2017 at 09:00 pm near Tempo Stand, Sector-1/3, DSIIDC Bawana, Delhi due to rash or negligent driving of vehicle no. HR-55U-

7927 (truck) by respondent no.1 (Sajid)? OPP.

2. Whether petitioners are LR's of said victim and entitled to compensation, if so, what amount and from whom of respondents?

OPP.

3. Relief.”

7. Evidence was led before the Tribunal only on behalf of the claimant. The eye witness – Mr. Sunil, s/o Khalla, was examined as PW-

1 and the claimant was examined as PW-2.

8. The Tribunal returned a finding against the claimant on issue No.1, i.e., that the claimant had failed to prove rash and negligent driving by the driver of the insured vehicle. It, therefore, converted the claim to a claim under Section 163A² of the Act, as it was then, which does not require a finding of negligence to entitle the heirs of an accident victim to compensation. The Tribunal proceeded to assess compensation of Rs.10,78,000/