GUDDI & ORS vs MOHAN SHARMA & ORS (IFFCO TOKIO GENERAL INSURANCE CO LTD)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 25th October, 2024 % Pronounced on: 17th January, 2025 + MAC APP. 635/2019 1. SMT. GUDDI S/o Late Sh. Suresh Chand 2. SMT. LAXMI W/o Sh. Tuhi Ram 3. SH. TUHI RAM S/o Sh. Mohan Lal All R/o House No.324, Jatav Basti, Bhukaravali, Tehsil Hindaun, Distt. Karpouli, Rajasthan. ..... Appellant Through: Mr. Manish Jain and Ms. Anjali Singh, Advocates. versus 1. MOHAN SHARMA S/o Sh. Jagdamba Sharma R/o H.No.1750, Gali No.50, Bengali Colony, Sant Nagar, Burari, Delhi. 2. HARI RAM S/o Sh. Shyam Lal R/o Khasra No.10/15, Harit Vihar, Uttranchal Colony, Kamal Pur, Burari, Delhi. 3. IFFCO TOKIO GENERAL INSURANCE CO. LTD. 4 & 5 Floor, IFFCO Tower, Plot No.3 Signature Not Verified DigitallySigned By:SAHIL SHARMA MAC APP.28/2024 Page 1 of 9 Signing Date:18.01.2025 17:53:47 Sector29, Gurgaon, Haryana-122001, .....Respondents Through: Mr. Brijesh Bagga, Advocate for R3. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT NEENA BANSAL KRISHNA, J. 1. An Appeal under Section 173 of the Motor Vehicles Act, 1973 has been filed by the Claimants to seek enhancement of compensation granted in the sum of Rs.7,49,000/- along with interest @9% per annum, vide the impugned Award dated 24.12.2018 on account of demise of Shri Suresh Kumar on 04.10.2011, on account of the injuries suffered by him in a road accident on 27.07.2008. 2. Learned counsel on behalf of the Claimants has submitted that initially Late Shri Suresh Kumar had filed a Claim Petition No.743/2008 under Section 166/140 of the Motor Vehicles Act for compensation for the injuries suffered by him, which was allowed vide Award dated 20.03.2012 and a compensation of Rs.18,05,141/- on account of the injuries suffered by him in the accident, was granted. 3. An Appeal against the said A