CHOLAMANDALAM MS GENERAL INSURANCE CO LTD vs BHUPAN PASWAN & ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 24thFebruary, 2025 MAC.APP. 324/2018, CM APPL. 12428/2018 CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. Plot No.6,1st Floor, Pusa Road, Near Metro Pillar No.81, New Delhi -110005 .....Appellant Through: Ms. Suman Bagga, Advocate. Versus 1. BHUPAN PASWAN .....Respondent No.1. 2. MRS. INDU DEVI Parents of deceased master Parvesh @ Rahul .....Respondent No.2. Both R/o 202-203, Jai Vihar, Block F-2, Near FaujI Farm House, Nangloi, West Delhl-110041. 3. MR. UMESH KUMAR S/o Sh. Braham Singh R/o Village Nirganjani, District Muzaffar Nagar, U.P. .....Respondent No.3. 4. MR. AMIT JAIN S/o Sh. Jagdeesh R/o 128, Sadh Bhopa Road, Nai Mandi, Muzaffar Nagar, LLP. .....Respondent No.4. Through: Mr. Javed Hashmi and Mr. F.M. Khan, Advocates for R-1 & R-2. JUDGMENT 1. An Appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as “MV Act, 1988”) has been filed by the Insurance Company/Appellant against the Award dated 05.12.2017, wherein the compensation in the sum of Rs.10,20,000/- along with interest @ 9% per annum has been granted on account of death of Master Parvesh @ Rahul, aged 11 years (hereinafter referred to as “