New India Assurance Company Limited vs Kanchan Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 191

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SUSHIL KUKREJA
New India Assurance Company Limited – Appellant
Versus
Kanchan Devi – Respondent

Advocates Appeared:
For the Appellant:Mr. Praneet Gupta, Advocate.
For the Respondents:Ms. Kamlesh Kumari, Advocate, vice Mr. H.S. Rana, Advocate.

JUDGMENT :

SUSHIL KUKREJA, J.

The instant appeal has been maintained by appellant, i.e., The New India Assurance Company Limited, who was respondent No. 3 before the learned Tribunal below (hereinafter referred to as “the appellant/Insurance Company”) under Section 173 of the Motor Vehicles Act, 1988 (for short ‘The Act’) against impugned award, dated 17.02.2014, passed by learned Motor Accident Claims Tribunal-I, Solan, H.P., (hereinafter referred to as “the learned Tribunal”), whereby the claim petition filed by the petitioners-claimants (respondents No. 1 & 2 herein) under Section 166 of the Act, was allowed and they were held entitled for compensation of Rs.6,00,000/- alongwith interest @ 7% per annum from the date of filing of the petition till the realization of the amount from respondent No. 3-Insurance Company, being insurer.

2. The facts giving rise to the instant appeal are that the petitioners/claimants, being parents of Balwant alias Babloo (deceased) filed a claim petition before the learned Tribunal below under Section 166 of the Act, wherein they averred that their son Balwant was playing with other children near patrol pump, Sun City Road, Baddi on 17.02.2010. Arou