NEW INDIA ASSURANCE COMPANY LTD vs RUPIN & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 08th October, 2024 % Pronounced on: 08th January, 2025 + MAC APPL.NO.314/2021 & CM APPL. 43140/2021, CM APPL. 43142- 43143/2021, CM APPL. 22031/2023, CM APPL. 56387/2024 NEW INDIA ASSURANCE COMPANY LTD. Through its duly constituted Attorney, Manager, New India Assurance Co. Ltd., Delhi Legal-Hub, Core-3, First Floor, Scope Minar, Laxmi Nagar District Centre, Delhi-110092. ..... Appellant Through: Mr. Abhishek Gola, Advocate. versus 1. RUPIN W/o Late Sh. Vishal 2. KABIR S/o Late Sh. Vishal 3. OM BIRI W/o Sh. Subhash 4. SUBHASH S/o Sh. Mangu, All R/o Village Dallupura, Chahat Ram & Bhandan Mohalla, Delhi. 5. JAI SINGH S/o Sh. Nathi Singh Signature Not Verified Digitally Signed MAC APP. 314/2021 Page 1 of 8 By:SAHIL SHARMA Signing Date:08.01.2025 18:36:11 R/o Village Fauladpur, PS Dehat Bulanshahar, District Bulandshehar, U.P. 6. ABDUL FARID S/o Shri Abdul Hameed R/o Village Chitson, Shikarpur, P.S. Salempur, District Bulandshehar, U.P. At present : Village Morowala, Claimant Down, Dehradoon, Uttarakhand. ......Respondents Through: Mr. Pankaj Kumar Deval, Advocate for R-1-4 /Claimants. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT NEENA BANSAL KRISHNA, J. 1. An Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Insurance Company to challenge the Award dated 12.08.2021 vide which compensation in the sum of Rs.19,05,000/- along with interest 8% per annum has been granted on account of demise of Shri Vishal in a road accident, on 18.03.2015. 2. The main ground of challenge of the Award is that the alleged offending vehicle was not involved in the accident. 3. It is submitted on behalf of the Appellant that the learned Tribunal has failed to consider the admission and non-de