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december 2025

Delhi High Court · 2025-12-06

RELIANCE GENERAL INSURANCE COMPANY LTD vs MAHESH PRASAD & ORS

Citation / case number
MAC.APP.-755/2014 2025:DHC:10993
Court
Delhi High Court
Petitioner
RELIANCE GENERAL INSURANCE COMPANY LTD
Respondent
MAHESH PRASAD & ORS
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 06.12.2025 MAC.APP. 755/2014 & CM APPL. 13490/2014 RELIANCE GENERAL INSURANCE COMPANY LTD .....Appellant Through: Mr. Rajeev M. Roy & Mr. P. Srinivasan, Advocates. versus MAHESH PRASAD & ORS .....Respondents Through: Mr. Avadhesh K. Tiwari, Advocate for R-1 to 4. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The present appeal has been preferred by the appellant – Reliance General Insurance Company Ltd. [“Insurance Company”], against the award dated 21.04.2014 in M.A.C. Petition No. 133/2011, arising from the death of Mr. Shyam Bihari in a motor vehicle accident on 28.04.2011. The Tribunal awarded compensation of Rs. 32,73,400/- to the heirs of the deceased [respondent Nos. 1 to 4 herein], together with interest at the rate of 9% per annum. 2. As recorded in the order dated 15.11.2025, the present appeal raises a single ground, namely, the computation of loss of dependency by including 50% of the deceased’s last drawn income towards future prospects. It is contended that in accordance with the judgment of the Constitution Bench of the Supreme Court in National Insurance Co. Ltd. 3. The deceased was a busin