$~5 & 23

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Decided on 19.12.2025

+ MAC.APP. 708/2013

NATIONAL INSURANCE CO. LTD. .....Appellant

versus

VIJAY SHANKER MISHRA & ORS. .....Respondents

+ MAC.APP. 804/2025

VIJAY SHANKER MISHRA AND ANR. .....Appellants

versus

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

Appearances:

Ms. Shruti Jain, Advocate for appellant in item No. 5.

Mr. Vineet Tayal, Ms. Nishtha Wadhwa, Mr. Jitendra K. Singh, Mr.

Nilesh Deep, Advocates for R-1&2 in item No. 5

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

PRATEEK JALAN, J (ORAL)

1. These cross-appeals arise out of an award dated 03.03.2013, passed by the Motor Accident Claims Tribunal [“the Tribunal”] in Suit No.

41/2012.

2. The proceedings before the Tribunal arose from a motor accident which occurred on 20.11.2011 at about 5:45 a.m. near Ghitorni Village on the Mehrauli-Gurgaon Road, New Delhi. At the relevant time, Mr. Ravi Shankar was riding a motorcycle bearing Registration No. DL-3S-

BN-8388, with Mr. Ram Sunder Mishra travelling as a pillion rider. The motorcycle was hit from behind by a Mahindra Xylo car bearing Registration No. DL-1YC-0433, as a result of which both riders were thrown off the motorcycle, and landed at