THE ORIENTAL INSURANCE CO LTD vs SMT SUSHILA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on:4th March, 2025 + MAC.APP. 369/2022 & CM APPL. 31056/2024 (under Order 41 Rule 22 CPC) THE ORIENTAL INSURANCE CO LTD., T.P. Hub, Regional Office-I, F-14/20, Middle Circle, Connaught Circle, New Delhi. .....Appellant Through: Mr. Ravi Sabharwal, Advocate. Versus 1. SMT SUSHILA W/o Sh. Naresh Sharma (mother of deceased) .....Respondent No.1 2. SH. NARESH SHARMA S/o Sh. Chandan Singh (father of deceased) Both R/o 1104, Santosh Nagar, Faridabad, Haryana ….Respondent No. 2 3. NARESH GUPTA S/o Sh. Heera Lal (Driver-cum-owner of Vehicle) R/o 3782, Gali Magzie Churi Walan, Delhi-110006. …..Respondent No.3 Through: Mr. Anshuman Bal, Advocate for R-1 & 2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T Signature Not Verified Digitally Signed MAC.APP. 369/2022 Page 1 of 13 By:VIKAS ARORA Signing Date:04.03.2025 19:49:17 1. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Appellant-Insurance Company challenging the Award dated 05.09.2022 granting a compensation in the sum of Rs. 9,79,760/- along with interest @ 7% per annum, on account of death of an 11 years old child, in a road accident on 01.10.2015. 2. Briefly stated, on 01.10.2015 at about 9:30 p.m., Komal, aged 11 years (hereinafter referred to as “deceased”) was walking alongside the Bypass Road, Santosh Nagar, Faridabad with her Aunt-Hasmukhi, when she and her Aunt were hit by a car bearing No. DL4CAL4907 (hereinafter referred to as “offending vehicle”). Both the child and her Aunt were taken to Sarvodaya Hospital, Faridabad for medical treatment, wherefrom the deceased was referred to Safdarjung Hospital, Delhi where she expired on 04.10.2015 during the course of treatment. 3. The FIR No. 523/2015 was registere