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2023 Supreme(Del) 3576

NAVIN CHAWLA
United India Insurance Company Limited – Appellant
Versus
Sh. Jamaluddin Khan – Respondent


Advocates appeared:
Mr.Pradeep Gaur, Advocate, for the Appellant.
Mr.Dev Bhardwaj, Advocate, for the Respondent-1 & 2.
Mr.Sarfaraz Khan, Advocate, for the Respondent-5.

JUDGMENT

Navin Chawla, J. (Oral)--The appellant challenges the Award dated 26.09.2020 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal (South-District), Saket Courts, New Delhi (hereinafter referred to as the `Tribunal') in Petition no. 323/2018, titled Sh.Jamaluddin Khan & Anr v. Sh. Gyanender Singh Sirohi & Ors..

2. The claim petition arose out of the Detailed Accidents Report (`DAR') filed by the SHO, Police Station: Ambedkar Nagar, for the untimely death of a child, namely Shamim, aged about 15 years and 8 months, in a road accident on 04.12.2017 due to the vehicle bearing no.DL-1PC-3123 being driven in a rash and negligent manner by the respondent no.3 herein.

3. The limited challenge of the appellant to the Impugned Award is on the amount of Rs.4.89 lakhs and the equivalent amount determined by the learned Tribunal as compensation towards loss of dependency and non-pecuniary damages respectively based on the judgment of this Court in Chetan Malhotra v. Lala Ram & Ors., 2016 SCC OnLine Del 2981.

4. Placing reliance on the judgment of the Supreme Court in Rajendra Singh and Others v. National Insurance Company Limited and

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