MEENU vs AZAD CHAUHAN & ORS (UNITED INDIA INS CO LTD)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 19thFebruary, 2025 + MAC. APP. 103/2020 MEENU .....Appellant W/o Late Dinesh Kumar, R/o E-16, 970, Tank Road, Karol Bagh, New Delhi. Through: Mr. S.N. Parashar, Advocate. versus 1. SH. AZAD CHAUHAN ( Driver) S/o Sh. Radhya Shyam Chauhan, R/o Village Patti Chakeshar, District Jaunpur, U.P. 2. SMT. RAJ RANI ARORA (Owner) W/o Sh. Harish Arora, R/o H.No. 190, Raja Garden, New Delhi 3. UNITED INDIA INS. CO. LTD. (Insurance Company) At: 10203, Jamuna House, Padam Singh Road, Karol Bagh, Delhi ....Respondents Through: Mr. Manoj Bhandari, Advocate for R2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT Signature Not Verified MAC.APP. 103/2020 Page 1 of 7 Digitally Signed By:VIKAS ARORA Signing Date:19.02.2025 18:50:54 NEENA BANSAL KRISHNA, J. 1. The Appeal under Section 173 of the Motor Vehicles Act, 1988 (‘M.V. Act’ hereinafter) has been filed on behalf of the Appellant/Injured for enhancement of the compensation awarded vide impugned Award dated 16.03.2019 on account of injuries suffered by her in the road accident on 31.07.2017. 2. Briefly stated, the facts of the case are that on 31.07.2017, the injured/appellant Meenu along with other persons were going on religious Tour in the offending bus bearing No. DL-1VA-8576 which was being driven by the respondent No. 1 in a rash and negligent manner. At about 2.15 AM, when they reached near Sainpura Hansi, NH-9, the driver lost control over the bus because of the high speed and hit against the pavement and overturned. The Appellant and the other passengers sustained grievous injuries. 3. Appellant got admitted in the RML Hospital from 01.08.2017 to 21.08.2017. Thereafter, she took treatment in Apollo Hospital from 29.08.2017 to 07.09.2017, 03.10.2017 to 06.10.2017,