ORIENTAL INSURANCE CO LTD. Vs. SUSHILA

JUDGEMENT

(1.) Appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Appellant-Insurance Company challenging the Award dtd. 5/9/2022 granting a compensation in the sum of Rs.9,79,760.00along with interest @ 7% per annum, on account of death of an 11 years old child, in a road accident on 1/10/2015.

(2.) Briefly stated, on 1/10/2015 at about 9:30 p.m., Komal, aged 11 years (hereinafter referred to as 'deceased') was walking alongside the Bypass Road, Santosh Nagar, Faridabad with her Aunt-Hasmukhi, when she and her Aunt were hit by a car bearing No. DL4CAL4907 (hereinafter referred to as 'offending vehicle'). Both the child and her Aunt were taken to Sarvodaya Hospital, Faridabad for medical treatment, wherefrom the deceased was referred to Safdarjung Hospital, Delhi where she expired on 4/10/2015 during the course of treatment.

(3.) The FIR No. 523/2015 was registered at PS Sarai Khawaja, Faridabad at the instance of one, Tek Ram. After investigation, Chargesheet was filed Sec. 279/337/304-A of the Indian Penal Code, 1860.