RAKESH SHARMA & ANR. vs ASHOK & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 4th March, 2025 + MAC.APP. 282/2022 1. RAKESH SHARMA @ RAKESH S/o Sh. Balbir .....Appellant No.1 2. PUJA SHARMA W/o Sh. Rakesh Sharma Both r/o H.No. A-1, Prem Nagar-1, Kirari Road Nangloi, Delhi-110086. ….Appellant No.2 Through: Mr. Jatinder Kamra, Advocate. versus 1. ASHOK S/o Ram R/o Villae Bahram Ka Bas, Post Rampur, Tehsil Bansur, Alwar, Rajasthan ..Respondent No.1 2. SUWA LAL S/o Sh. Bhanwar Singh r/o Dhani Gomakawali Jaje Kalan, Jaipur, Rajasthan …Respondent No.2 3. CHOLAMANDALAM MS GENERL INSURANCE CO. LTD. Through its Manager Second Floor, E-52, C-Scheme Jaipur, Also at Plot No. 39, 2nd Floor, Samyak Tower, Pusa Road Near Metrol Pillar 120, Karol Bagh, New Delhi-11005 ….Respondent No. 3 Through: Ms. Suman Bagga, Advocate for R-3. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA MAC.APP. 282/2022 Page 1 of 16 Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:05.03.2025 17:23:56 J U D G M E N T 1. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Appellants/ parents of the child, Harsh Sharma, aged about 14 years 10 months, who died in the road accident on 28.09.2017, to seek enhancement of compensation in the sum of Rs.10,20,000/- along with interest @ 6% per annum, granted vide Award dated 26.05.2022. 2. Briefly stated, on 28.09.2017 at about 11:15 p.m., Sh. Satyendra along with his friend, Ajay was going on a Scooty, while Chanden with Harsh as the pillion rider, was driving the Motorcycle to Chattarpur Temple, Delhi. As they climbed down from Naraina Flyover, the Motorcycle driven by Chanden slightly hit another Motorcycle, and lost its balance and fell. At this point, the Offending Truck bearing No.RJ-52GA-2449 being driven by Respondent No.1 in a rash and