* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Pronouncement: 23^rd January, 2025 + MAC. APP. 244/2021, CM APPL. 28601/2021 (stay) CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.

Plot No.39, 2^nd Floor, Samyak Tower, Opposite Metro Pillar No. 120, Pusa Road, New Delhi-110005 .....Appellant Through: Ms. Suman Bagga, Advocate.

versus

1. SMT. DEEPIKA TALWAR W/o Late Sh. Himanshu Talwar ...Respondent No.1

2. BANI TALWAR D/o Late Sh. Himanshu Talwar ….Respondent No.2

3. TANYA TALWAR D/o Late Sh. Himanshu Talwar …..Respondent No. 3

4. SH. SURINDER SINGH TALWAR S/o Late Sh. C.S. Talwar ….Respondent No. 4

5. SMT. SUDESH TALWAR W/o Sh. Surinder Talwar …Respondent No. 5 All R/o K-42, Krishna Park Extension, Tilak Nagar, New Delhi-110018

6. SANJAY KUMAR (Driver)

S/o Sh. Raghubir Singh Signature Not Verified DigitallySigned By:SAHIL MAC. APP. No. 244/2021 & MAC.APP. 124/2022 Page 1 of 12 R/o 54A, A Block, Chanakya Place Part-1, New Delhi-110059

7. RAJAT MAURYA (Owner)

S/o Sh. Mithun Singh R/o 50, Block No. 27, IInd Floor, Old Rajinder Nagar, New Delhi …..Respondents Through: Mr. Navneet Goyal, Advocate for R1 to R5. Mr. Rupendra Kumar, Advocate for R7.

MAC. APP. 124/2022

1. SMT. DEEPIKA TALWAR W/o Late Sh. Himanshu Talwar .....Appellant No.1

2. BANI TALWAR D/o Late Sh. Himanshu Talwar ....Appellant No. 2

3. TANYA TALWAR D/o Late Sh. Himanshu Talwar ....Appellant No. 3

4. SH. SURINDER SINGH TALWAR S/o Late Sh. C.S. Talwar ....Appellant No. 4

5. SMT. SUDESH TALWAR W/o Surinder Talwar ....Appellant No. 5 All at:

K-42, Krishna Park Extension, Tilak Nagar, New Delhi-110018 .......Appellants Through: Mr. Navneet Goyal, Advocate.

versus Signature Not Verified DigitallySigned By:SAHIL MAC. APP. No. 244/2021 & MAC.APP. 124/2022 Page 2 of 12

1. CHOLAMANDALAM MS GENERAL INSURANCE CO.

LTD.

Plot No. 39, 2^nd Floor, Samyak Tower, Opposite Metro Pillar No. 120, Pusa Road, New Delhi-110005 .....Respondent No.1

2. SANJAY KUMAR (Driver)

S/o Sh. Raghubir Singh, R/o 54A, A Block, Chanakya Place, Part-I, New Delhi-110059 ....Respondent No. 2

3. RAJAT MAURYA (Owner)

S/o Sh. Mithun Singh, R/o 50, Block No. 27, IInd Floor, Old Rajinder Nagar, New Delhi ....Respondent No.3 Through: Ms. Suman Bagga, Advocate for R-1.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

CM APPL. 19237/2022 in MAC. APP. 124/2022

1. An Application under Section 5 of the Limitation Act read with Section 173 of the M.V. Act has been filed on behalf of the Appellants for condoning the delay of 218 days in filing the accompanying Appeal.

2. For the reasons stated in the Application and in the interest of justice, the delay of 218 days in filing the accompanying Appeal is condoned and the same is allowed.

3. The Application is disposed of accordingly.

Signature Not Verified DigitallySigned By:SAHIL MAC. APP. No. 244/2021 & MAC.APP. 124/2022 Page 3 of 12 MAC. APP. 244/2021

4. The Appeal bearing MAC. APP. 244/2021 under Section 173 of the Motor Vehicles Act, 1988 („M.V. Act‟ hereinafter) has been filed on behalf of the Appellant/Insurance Company, against the Award dated 04.06.2021, vide which the compensation in the sum of Rs.1,48,91,717/- along with the interest @6% p.a., has been granted, on account of demise of Mr. Himanshu Talwar, aged about 32 years 11 months, in a road accident on 20.02.2018.

5. The main ground on which the Award has been challenged by the Insurance Company, Appellant, is that there is no evidence led to prove either the factum of accident or the involvement of alleged offending vehicle in the accident.

6. Learned counsel on behalf of the Respondents, however, has submitted that there was enough evidence to prove the involvement and the negligence of the offending vehicle and the learned Tribunal has rightly granted the compensation.

7. The Cross-Objections vide the Appeal bearing MAC. APP. 124/2022, have also been filed on behalf of the Claimants, who have sought enhanced compensation, on the following grounds:-

(i) that the Future Prospects should have been 50% instead o