SH. UMA SHANKER AND ANR. vs SH. SUNNY AND ORS. (IFFCO TOKIO GENERAL INSURANCE CO LTD)

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 24th February, 2025 + MAC.APP. 68/2020, CM APPL. 5608/2020 (condonation of delay) 1. SH. UMA SHANKER S/o S. UMESH PODDAR .....Appellant No.1. 2. SMT. MAMTA, W/o SH. UMA SHANKER BOTH R/o HOUSE NO.7, SARASWATI KUNJ NAJAFGARH, DELHI- 110043. .....Appellant No.2. Through: Mr. Manish Maini and Ms. Anjali Singh, Advocates. versus 1. SH. SUNNY S/o SH. PALE RAM R/o H. No. A-26, KRISHNA ENCLAVE, JHARODA KALAN, NEW DELHI. .....Respondent No.1. 2. SH. VIJAY KUMAR S/o SH. RAJ KUMAR R/o A-116, GALI No. 7, PEER BABA ROAD, OM VIHAR PHASE- V, UTTAM NAGAR, NEW DELHI. .....Respondent No.2. 3. IFFCO TOKIO GENERAL INSURANCE CO. LTD. FAl BUILDING, 10 SHAHEED JAGJEET SINGH MARC, QUTUB INSTITUTIONAL AREA, NEW DELHI. .....Respondent No.3. Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:26.02.2025 MAC.APP. 68/2020 Page 1 of 16 15:19:17 Through: Mr. Brijesh Bagga and Ms. Suman Bagga, Advocates for R3. JUDGMENT NEENA BANSAL KRISHNA, J. MAC.APP. 68/2020 1. The Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed for enhancement of Compensation granted vide Award dated 04.07.2019 in the sum of Rs.9,40,000/- along with the interest @ 9% p.a. to the Claimant/parents of the deceased Master Umang @ Bittoo, aged 11 years (hereinafter referred to as “deceased”) who met with a fatal accident on 15.06.2024. 2. Briefly stated, on 15.06.2014 at about 9:00 p.m., Master Umang @ Bittoo along with his sister/Simran (who was also injured in the same accident), were going to their home near the Royal Gym, Bahadurgarh Road, Saraswati Kunj, Jharoda Kalan, Delhi, when the offending motorcycle bearing No.DL 10 SD 66 6638, driven by Respondent No.1/Sunny in a rash and negligent manner on the wrong side of the road, hit