TATA AIG GENERAL INSURANCE COMPANY vs MUKESH KUMAR AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17th January 2026 Pronounced on: 29th January 2026 Uploaded on : 30th January 2026 + MAC.APP. 560/2025 TATA AIG GENERAL INSURANCE COMPANY .....Appellant Through: Mr. Vaibhav Singh, Adv. versus MUKESH KUMAR AND ORS .....Respondents Through: Ms. Tanya Singh & Mr. Pankaj Gupta, Advs. for R-1 & 2 CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT 1. This appeal has been filed by the Insurance Company under Section 173 of The Motor Vehicle Act, 1988 (‘MV Act’) for setting aside/modifying the final judgment and award dated 19th May 2025 passed by Presiding Officer - MACT, South East District, Saket Court, Delhi in MACT No. 912/2019. The claim filed by the claimants (respondent nos. 1 and 2), on account of the death of Master Kannu Pal, was allowed by the Tribunal, and an award of Rs. 16,25,894/- along with interest at the rate of 7.5% per annum was passed. 2. The appellant-Insurance Company seeks modification of the award on the sole ground that the multiplier applied for the death of minor child, being 12 years of age, was taken as 18 instead of 15, which, according to appellant, Signature Not Verified Digitally Signed MAC.APP. 560/2025 1/14 By:MANISH KUMAR Signing Date:30.01.2026 14:23:58 is not in consonance with law laid down by the Hon’ble Supreme Court in Smt. Sarla Verma & Ors v. Delhi Transport Corporation & Anr. (2009) 5 SCC 121 and National Insurance Company Ltd. vs. Pranay Sethi & Ors. (2017) 16 SCC 680. The Incident 3. On 17th June 2019 at about 09.00 AM on Choganpur Road, Greater Noida, Distt. Gautam Budh Nagar, Uttar Pradesh, two pedestrians namely Kannu Pal S/o Mukesh Kumar, aged 12 years and Ankush, aged 17 years were impacted by a speeding motorcycle bearing Registration No. DL 3S DG 4380 (hereinafter the