* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 6^th February 2026 Pronounced on : 17th April 2026 Uploaded on : 18^th April 2026 + MAC.APP. 174/2021 & CM APPL. 14103/2021 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. A.K. Soni, Adv.

versus SUNITA SINGH & ORS. .....Respondents Through: Mr. Aseem Mehrotra and Ms.

Deeksha Mehrotra Advs. for R-1 to 4.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

ANISH DAYAL, J.

1. This appeal has been filed by the Insurance Company assailing the impugned judgment and award dated 26th November 2020 passed in MACP No.249/2017 by Motor Accidents Claims Tribunal [‘MACT’], Saket Courts, New Delhi (hereinafter, ‘Tribunal’) whereby, the Tribunal allowed a total sum of Rs.63,81,940/- as compensation to be paid to the claimants, along with interest at the rate of 7.5% from the date of filing the petition within 30 days, failing which interest to be paid at the rate of 12% per annum for the delayed period.

2. Appellant/Insurance Company is agitating the appeal essentially on the ground that the Tribunal relied merely on criminal record of respondent no.5/driver, despite negligence not having been proved by respondent nos. 1 to 4 (hereinafter, ‘claimants’) who failed to produce any eyewitness even after the matter was remanded back to the Tribunal. According to appellant/Insurance Company, the motorcycle driver-Pawan Kumar should have been held solely or at least contributorily negligent. Moreover, compensation awarded by the Tribunal has been challenged as being exorbitant and unsustainable, since the income of deceased was wrongly assessed by adding annual commission given by Life Insurance Corporation (‘LIC’), without any proof of actual loss; incorrectly deducted 1/4^th towards personal expenses by treating father of deceased as a dependent. Challenge was also on the award of interest at 7.5% with penal interest at 12%.

The Incident

3. The incident occurred on 24^th September 2010 at about 8:10 a.m., when Anupam Kumar Singh (hereinafter, ‘deceased’) was traveling on a motorcycle bearing no. DL-6ST-9807 with his colleague, Pawan Kumar, from Naraina towards Munirka. When they reached Moti Bagh Flyover, a bus bearing no.DL-lPB-3806 driven rashly and negligently by respondent no.5, hit the motorcycle from behind causing fatal injuries to the deceased. The offending vehicle/bus was owned by respondent no.6 and insured with appellant/Insurance Company. Deceased was about 35 years of age at the time of accident and was working as senior manager/ commission agent and earning approximately about Rs.38,500/- per month.

4. Claim petition was filed by his wife, daughter and parents seeking compensation. Driver and owner of the offending vehicle appeared but did not file their written statements, while the insurer contested the claim.

Impugned award

5. The claim was originally decided by Tribunal vide order dated 31st October 2012 and had returned a finding that death had occurred due to involvement of offending vehicle/bus and negligent driving of the bus driver, primarily on basis of statement of PW-1 (wife of deceased /claimant and copy of investigation proceedings in FIR No. 308/2010 registered at P.S. R. K. Puram. Appellant/Insurance Company filed an appeal MAC.APP. No.172/2013 which was disposed of by this Court on 9^th May 2016 noting the contentions of Insurance Company that no evidence was adduced about the involvement of offending vehicle/bus and negligence on the part of its driver and that PW-1, the solitary witness examined, was admittedly not an eye witness. Matter was then remanded back to Tribunal with liberty granted to claimants to lead further evidence and for contesting parties to cross examine witnesses, pursuant to which the Tribunal could pass a fresh judgment. Post the remand, the impugned judgement and award have been passed.

6. Tribunal took note of the details of accident and that FIR No. 308/2010 was registered on 25^th September 2010 at P.S. R. K Puram, basis statement of Pawan Kum