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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANISH DAYAL
United India Insurace Co. Ltd. – Appellant
Versus
Dhiraj Trahan – Respondent
| Table of Content |
|---|
| 1. appeal filed under mv act by insurance company. (Para 1 , 2) |
| 2. accident details indicate negligence. (Para 4 , 5 , 6) |
| 3. compensation claims confirmed by tribunal. (Para 8 , 19 , 20 , 21) |
| 4. insurance company's argument on liability contested. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. insurance companies agreed on liability for occupants. (Para 24 , 25) |
| 6. occupants entitled to compensation under insurance policy. (Para 30 , 31 , 32) |
| 7. distinction between third party and owner in claims. (Para 34 , 35 , 36) |
| 8. claimants as occupants entitled for compensation. (Para 49 , 50) |
| 9. appeals dismissed; compensation to be awarded. (Para 55 , 56 , 57 , 58) |
JUDGMENT :
ANISH DAYAL, J.
1. These appeals have been filed under Section 173 of Motor Vehicles Act, 1988 (‘MV Act’) by the Insurance Company challenging impugned award dated 08th October 2025 passed by Motor Accidents Claims Tribunal [hereinafter ‘Tribunal ’], North West, Rohini Courts, Delhi in MACT Case No. 449556/2016 titled as Dhiraj Trehan v. United India Insurance Co. Ltd. & Anr .and in MACT Case No. 450066/2016 titled as Geeta Trehan v. United India Insurance Co. Ltd. & Anr .
2. Appellant/United India Insurance Company (
Insurers are obligated to compensate occupants of an insured vehicle under the Motor Vehicles Act, even if those occupants are legal heirs of the driver, affirming their status as third parties.
The main legal point established in the judgment is that the liability of the Insurance Company under an 'Act Policy' does not extend to the risk of occupants/passengers in a vehicle unless additiona....
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