THE ORIENTAL INSURANCE CO LTD vs SH VIKRAM SINGH & ORS

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 08.12.2025 + MAC.APP. 786/2013 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. A.K. Soni, Advocate (VC) versus SH VIKRAM SINGH & ORS .....Respondents Through: Mr. Arshdeep Singh Khurana, Mr. Sulakshan Vedartam and Ms. Dikksha Ramnani, Advocates for R-1 CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellant – Oriental Insurance Co. Ltd. [“Insurance Company”] has preferred the present appeal against an award dated 07.06.2013, passed by the Motor Accident Claims Tribunal [“Tribunal”] in MACT No. 182/12/11, whereby the claimant [respondent No.1 herein] has been granted compensation of Rs.27,41,281/- alongwith interest at the rate of 7.5% per annum. 2. The order of this Court dated 11.08.2025 records as follows: “2. Learned Counsel for the Appellant submits that by an order dated 27.08.2013, 70% of the awarded amount has already been released to the Claimants. Learned Counsel for the Appellant further submits that the only ground of challenge is on the award of future prospects. It is contended by learned Counsel for the Appellant that the deceased was 26 years old and thus, in terms of the judgment of National Insurance Co. Ltd. v. Pranay Sethi; (2017) 16 SCC 680, the compensation for loss of future prospects should have been 40%, however the learned Trial Court has awarded 50% compensation for loss of future prospects. Learned Signature Not Verified Signed By:PARUL MAC.APP. 786/2013 Page 1 of 5 VASHIST Signing Date:09.12.2025 19:03:20 Counsel for the Appellant submits that in terms of the settled law, the compensation for loss of future prospects should have been 40%. 3. The second ground of challenge by the Appellant in this Appeal is on the ground of no recovery rights being