ORIENTAL INSURANCE CO LTD vs VIJENDER SINGH @ BIJENDER SINGH & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 05th November, 2024 Pronounced on: 13th January,2025 + MAC.APP. 26/2020, CM APPL. 2415/2020 ORIENTAL INSURANCE CO. LTD. Delhi Regional Office-1 T.P. HUB, F-14, Connaught Place, New Delhi .....Appellant Through: Mr. R.K. Tripathi, Advocate. Versus 1. VIJENDER SINGH @ BIJENDER SINGH S/o Late Shri Ved Ram, R/o H. No. 118, VPO Bankner, Narela, New Delhi – 110040 2. SMT. NIRMALA W/o Late Shri Vijender Singh, R/o H. No. 118, VPO Bankner, Narela, New Delhi – 110040 3. NARENDER KUMAR (DRIVER) S/o Mool Chand R/o 988/21 Baba Colony, Sonipat,Haryana 4. RAGHBIR (OWNER) R/o H. No. 116, VPO Pichola, District Kamal, Haryana .....Respondents Through: Mr. Navneet Goyal, Advocate for R-1 & R-2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA Signature Not Verified DigitallySigned By:SAHIL SHARMA MAC.APP. 26/2020 Page 1 of 8 Signing Date:13.01.2025 17:32:02 J U D G M E N T NEENA BANSAL KRISHNA, J. 1. An Appeal under Section 173 Motor Vehicle Act, 1988 has been filed by the Insurance Company to challenge the Impugned Award dated 03.10.2019, vide which the compensation in the sum of Rs. Rs. 15,92,000/-/- along with interest @ 9% per annum has been awarded to the parents of deceased Sh. Ritesh Khatri who expired in a road accident on 28.01.2014. 2. The Appellant/Insurance Company has challenged the Impugned Award on the following grounds : (i) The deceased was not holding a valid Driving License and since it was a head-on-collision, the Ld. Tribunal has erred in not deducting any amount towards Contributory Negligence. (ii) The amount of Compensation granted for the Loss of Consortium is not in accordance with the law laid in the judgment of National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680. (iii) The Rate of Interest is a