RELIANCE GENERAL INSURANCE COMPANY LTD vs MAHESH PRASAD & ORS

Judgment text excerpt

$~2 * 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. Signature Not Verified Signed By:SOMYA MAC.APP. 755/2014 Page 1 of 4 SATIJA Signing Date:08.12.2025 16:36:32 v. Pranay Sethi1, the enhancement under the head of future prospects cannot exceed 40%. 3. The deceased was a businessman, aged about 24 years. The Tribunal assessed his annual income at Rs. 1,68,264/-, and applied an addition of 50% towards future prospects, bringing the total to Rs. 2,52,396/-. In this context, the relevant extract of Pranay Sethi reads as follows: “59.3. While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the d