CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD vs USHA GUPTA AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 22nd January, 2025 + MAC.APP. 314/2024 & CM APPLs. 36587/2024, 36589/2024 CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD Plot No. 39, 2nd Floor, Samyak Tower, Opposite Metro Pillar No. 120, Pusa Road, New Delhi-110005 .....Appellant Through: Ms. Suman Bagga, Advocate. versus 1. USHA GUPTA W/o Late Shri M.R. Gupta R/o 66, Paschim Vihar Extension, New Delhi, West Delhi, Delhi-110063 .....Respondent No. 1 2. SUNIL GUPTA S/o Late Shri M.R. Gupta R/o 66, Paschim Vihar Extension, New Delhi, West Delhi, Delhi-110063 .....Respondent No. 2 3. HRITIK (DRIVER) S/o Shri Inderjeet Singh, R/o A-823, J.J. Colony, Madipur, New Delhi .....Respondent No. 3 4. ROSHAN (OWNER) S/o Shri Inderjeet Singh, R/o A-823, J.J. Colony, Madipur, New Delhi .....Respondent No. 4 Through: Mr. Pankaj Gupta, Advocate. Signature Not Verified DigitallySigned By:VIKAS ARORA MAC.APP. 314/2024 Page 1 of 8 Signing Date:22.01.2025 23:06:09 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT NEENA BANSAL KRISHNA, J. 1. An Appeal under Section 173 Motor Vehicle Act, 1988 has been filed by the Insurance Company to challenge the Award dated 24.01.2024, vide which the compensation in the sum of Rs. 13,36,140/- along with interest @ 7% per annum has been awarded to the Claimants Respondent No.1&2/wife and son on account of demise of Sh. M.R. Gupta, aged 80 years, in the road accident dated 21.11.2021. 2. The Appellant/ Insurance Company has challenged the Impugned Award on the ground that only Non-Pecuniary Damages ought to have been granted to the legal heirs of the 80-year-old deceased and no compensation towards Loss of Dependency could have been paid as there was no evidence that the 80-year-old deceased was gainfully employed. Further, there was no loss o