$~8 & 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18^th December, 2024 + MAC.APP. 638/2019

1. MAHENDER KUMAR S/o Sh. Veer Singh R/o: F-49/5, F-Block, West Vinod Nagar, New Delhi-110092. 2. HIMANSHU S/o Sh. Mahender Kumar R/o: F-49/5, F-Block, West Vinod Nagar, New Delhi-110092.

.....Appellants Through: Ms. Harsh Lata, Advocate.

Versus

1. THE ORIENTAL INSURANCE CO LTD.

Regional Office No.1 (Legal Deptt.) TP HUB, United India Life Building

3^rd Floor, F-14, Cannaught Place, New Delhi-110001.

2. DINESH KUMAR (Driver)

S/o Sh. Surya Narayan R/o H.No.112, Dharampura, G.T. Road, P.S. Kotwall, Ghaziabad, U.P.

Also R/o Village Madhopur Pathak, P.S. Salon Distt. Raibareilly, U.P.

Also at: Shree Balaji Trailer Service, 215, Sambhu Compound, Delhi U.P Border, P.S. Sahibabad, Distt. Ghaziabad, U.P.

Signature Not Verified Digitally Signed MAC.APP. 638/2019 &MAC APP.620/2017 Page 1 of 17

3. SUDHIR KUMAR MISHRA (Owner)

S/o Sh. M.C. Mishra R/o H.No.44, Sector 16A, Faridabad, Haryana.

Also at: 12/6, Mathura Road, Faridabad-121001.

Also at: 17/6, Mathura Road, Faridabad-121001.

Also R/o K.F.64, Kavi Nagar, P.S. Kavi Nagar, Distt. Ghaziabad, U.P.

4. SMT. SHEELA Estranged W/o Sh. Mahender Kumar R/o 20, Gali No.1, West Guru Angad Nagar, Laxmi Nagar, Delhi-92.

.....Respondents Through: Counsel for R1/Insurance Company (appearance not given).

16 + MAC.APP. 620/2017, CM APPL. 25503/2017 THE ORIENTAL INSURANCE CO LTD.

Regional Office No.1 (Legal Deptt.) TP HUB, United India Life Building

3^rd Floor, F-14, Cannaught Place, New Delhi-110001.

.....Appellant Through: Counsel for Appellant (appearance not given).

Versus

1. MAHENDER KUMAR Signature Not Verified Digitally Signed MAC.APP. 638/2019 &MAC APP.620/2017 Page 2 of 17 S/o Sh. Veer Singh

2. HIMANSHU S/o Sh. Mahender Kumar Both R/o: F-49/5, F-Block, West Vinod Nagar, New Delhi-110092.

3. DINESH KUMAR (Driver)

S/o Sh. Surya Narayan R/o H.No.112, Dharampura, G.T. Road, P.S. Kotwall, Ghaziabad, U.P.

Also R/o Village Madhopur Pathak, P.S. Salon Distt. Raibareilly, U.P.

Also at: Shree Balaji Trailer Service, 215, Sambhu Compound, Delhi U.P Border, P.S. Sahibabad, Distt. Ghaziabad, U.P.

4. SUDHIR KUMAR MISHRA (Owner)

S/o Sh. M.C. Mishra R/o H.No.44, Sector 16A, Faridabad, Haryana.

Also at: 12/6, Mathura Road, Faridabad-121001.

Also at: 17/6, Mathura Road, Faridabad-121001.

Also R/o K.F.64, Kavi Nagar, P.S. Kavi Nagar, Distt. Ghaziabad, U.P.

5. SMT. SHEELA Estranged W/o Sh. Mahender Kumar R/o 20, Gali No.1, West Guru Angad Nagar, Laxmi Nagar, Delhi-92.

.....Respondents Through: Ms. Harsh Lata, Advocate for R1 &

Signature Not Verified Digitally Signed MAC.APP. 638/2019 &MAC APP.620/2017 Page 3 of 17 R2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

1. The aforesaid Appeal and cross-Objections are being tried together as they arise from the same Award.

2. The Appeal bearing MAC.APP. 620/2017 under Section 173 of the Motor Vehicle Act, 1988 (‘M.V. Act’ hereinafter) has been filed on behalf of the Appellants/Insurance Company against the Impugned Award dated 20.04.2017, vide which the compensation in the sum of Rs.6,03,764/- along with the interest @10% p.a. has been granted, on account of demise of Mr.

Avinash @ Lavi, in a road accident on 24.03.2013.

3. Briefly stated, on 24.03.2013 at about 06:00 A.M, deceased Avinash @ Lavi along with Neeraj Dangi and Piyush, was going on their motor cycle bearing No. DL07 SAY 3901, when the Offending Tractor-Trolla bearing registered No. HR38F 5523 driven by Dinesh Kumar in a rash and negligent manner, collided with the motor-cycle, consequent to which all the three occupants of the motor cycle suffered fatal injuries.

4. FIR No.251/2013 under section 279/304-A/427/34 IPC, 1860 was registered at Police Station Sihani Gate, Ghaziabad, U.P against the Driver/Dinesh Kumar.

5. The Chargesheet was filed in the Court and the Claim Petition under Section 166 Motor Vehicle Act was filed by the legal heirs of the deceased Avinash @ Lavi aged 21 years.

6. Vide the Impugned Award dated 20