Delhi High Court - Orders
United India Insurance Company Ltd vs Sh. Sompal & Ors on 6 November, 2025
Author: Prateek Jalan
Bench: Prateek Jalan
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 711/2025
UNITED INDIA INSURANCE COMPANY LTD .....Appellant
Through: Mr. Animesh Sinha and Mr. Shivang
Singhal, Advocates
versus
SH. SOMPAL & ORS. .....Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 06.11.2025 CM APPL. 69147/2025 & CM APPL. 69149/2025 (Exemptions)
1. Exemptions allowed, subject to all just exceptions.
2. The applications stand disposed of.
MAC.APP. 711/2025, CM APPL. 69146/2025 (stay) & CM APPL. 69148/2025 (condonation of delay of 115 days in re-filing of the appeal)
3. Issue notice. Notice be served on respondents No.1 and 2, through learned counsel who appeared on their behalf before the Motor Accident Claims Tribunal ["the Tribunal"]. Since no recovery rights have been granted against respondent No.3 (Driver) or respondent No.4 (Owner) of the vehicle, notice need not be issued to them at this stage.
4. The appellant - United India Insurance Company Ltd. ["Insurance Company"] assails the award dated 09.04.2025 passed by the Tribunal, whereby a sum of Rs.15,36,391/- has been awarded in favour of respondents MAC.APP. 711/2025 Page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 23:05:17 No.1 and 2 herein [claimants before the Tribunal], on account of the death of their minor son in a motor accident.
5. The principal ground urged by Mr. Animesh Sinha, learned counsel for the Insurance Company, is that the Tribunal has recorded a finding that the motorcycle was being driven by the deceased, a 16-year-old minor, who had collided with a parked bus from behind. Despite this finding, the Tribunal has held the Insurance Company liable, and attributed only 50% contributory negligence to the deceased, instead of fully exonerating the Insurance Company.
6. Subject to the Insurance Company depositing the awarded amount before the Tribunal within a period of six weeks, the execution of the impugned award shall remain stayed.
7. List on 24.03.2026.
PRATEEK JALAN, J NOVEMBER 6, 2025 dy/sd/ MAC.APP. 711/2025 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/11/2025 at 23:05:17