UNITED INDIA INS CO LTD vs HEM KUMARI DEVI & ORS

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 15.04.2025 + MAC.APP. 883/2018 UNITED INDIA INS CO LTD .....Appellant Through: Ms. Mahua Kalra, Advocate. versus HEM KUMARI DEVI & ORS .....Respondents Through: Mr. Umesh Kumar, Advocate. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Appeal seeks to challenge an Award dated 06.08.2018 passed by the learned MACT Tribunal [hereinafter referred to as “Impugned Award”]. By the Impugned Award, the learned Trial Court has awarded a sum of Rs.15,44,200/- along with interest at 9% p.a. 2. Learned Counsel for the Appellant submits that by an order dated 03.10.2018, a Coordinate Bench of this Court had stayed the operation of the Impugned Award, subject to the Appellant depositing the awarded amount with the Registrar General of this Court. 3. Learned Counesl for the Appellant further submits that the Respondents have withdrawn sums from the amounts deposited from time- to-time. 4. Learned Counsel for the Appellant submits that the issue in the present Appeal has been limited to whether the learned Tribunal has rightly considered the pension of Rs. 23,400/- as the monthly income of the deceased, given the deceased was an ex-serviceman with no monthly income Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:14.05.2025 MAC.APP. 883/2018 Page 1 of 6 11:07:34 post-retirement. 5. Learned Counsel for the Respondents on the other hand contends that the Impugned Award is in accordance with the settled law. He seeks to rely on the judgment of the Supreme Court in the Mrs. Helen C. Rebello & Ors. v. Maharashtra State Road Transport Corpn. & Anr.1 in this behalf as well as the findings of the learned Trial Court in the Impugned Award. 6. The contention raised by t