RELIANCE GENERAL INSURANCE CO LTD vs NAND KUMAR & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23rd October, 2024 % Pronounced on: 20th January 2025 + MAC.APP. 427/2019 & CM APPL. 15063/2019 RELIANCE GENERAL INSURANCE CO. LTD. A-12, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi - 110044 .....Appellant Through: Mr.A.K.Soni, Advocate Versus 1. NAND KUMAR S/o Shri Ram Narayan Singh, R/o H. No. 129, Gram Jasola, New Friends Colony, Delhi-110025 ....Respondent No.1 2. Sh. Mithilesh Raman Tiwari S/o Shri Suresh Chand Tiwari, R/o Gram Tahirpur, PS Sikandra, District-Jonpur also at: C/o Shri Krishna Sharma, R/o Bhati Road, Surajpur, Near Pushpa Chakki, Greater Noida, District Gautambudh Nagar, UP ....Respondent No.2 3. Shri Yogender Drivedi S/o Shri R.N.Drivedi, R/o C-206, Sec-P3, Greater Noida, District GB Nagar, Noida, UP ....Respondent No.3 Through: Ms.Amrita Mishra, Mr.Vishal Sharma and Ms.Jyoti Sharma, Advocates for R-1. Signature Not Verified Digitally Signed MAC.APP. 427/2019 Page 1 of 8 By:VIKAS ARORA Signing Date:21.01.2025 14:58:05 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. An Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Appellant Insurance Company against the Award dated 12.02.2019 vide which compensation in the sum of Rs.36,04,000/- along with interest @ 9% per annum has been granted to Respondent No.1, Sh. Nand Kumar who had suffered injuries in a road accident on 11.06.2014. 2. The main grounds of challenge to the Award are as under:- (i) that there was no negligence on the part of Respondent No.2, Sh. 2. Sh. Mithilesh Raman Tiwari, driver of the offending car Mahindra Xylo bearing No.UP-16AT-0525, in causing the accident; (ii) that the monthly income of the injured has been erroneously taken as Rs. 32,500