CHOLAMANDALAM MS GENERAL INSURANCE CO LTD vs BHUPAN PASWAN & ORS

Judgment text excerpt

$~12 * 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 Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:25.02.2025 MAC.APP. 324/2018 Page 1 of 14 10:48:24 NEENA BANSAL KRISHNA, J. 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 “deceased”) in a road accident on 10.02.2017. 2. Briefly stated, on 10.02.2017 at about 1:05 a.m., Master Parvesh @ Rahul was walking on the Street in front of M.V. Hospital, Pooth Khurd, Delhi when he was hit by the offending truck bearing No.UP 12 AT 1899, driven by Shri Umesh Kumar and owned by Shri Amit Jain. The driver of the offending truck was improperly reversing the vehicle, as a result of which he hit the deceased and crushed him agai