RASEED BEG & ANR. vs AKBAR KHAN & ORS. (TATA AIG GENERAL INSURANCE COMPANY LTD.)

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03rd February, 2025 + MAC.APP. 92/2025 RASEED BEG & ANR. .....Appellants Through: Mr. Amit Bodh & Mr. Harsh Pant, Advocates. versus AKBAR KHAN & ORS. (TATA AIG GENERAL INSURANCE COMPANY LTD.) .....Respondent Through: Mr. Parvez Haider & Mr. Rafiq Ahmad, Advocates for Respondent Nos.1 & 2. Mr. Vaibhav Singh & Mr. Kamaldeep, Advocates for Respondent No.3. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) CM APPL. 6301/2025 (for exemption from filing certified copies in the present appeal) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. MAC.APP. 92/2025 3. The appellant challenges the award dated 30.09.2024 passed by the learned Presiding Officer, Motor Accident Claims Tribunal-02 (‘MACT’), South West District, Dwarka Courts, New Delhi, in MACT No.1500/2017 on two grounds: i. The learned counsel for the appellant submits that the income of the appellant has been assessed as ₹7,107/- per month which is on the lower side. ii. The interest awarded is only 7.5% per annum whereas Signature Not Verified the same should have been at least 9% per annum. Signed By:HARMINDER KAUR MAC.APP. 92/2025 Page 1 of 4 Signing Date:06.02.2025 18:51:16 4. The learned Tribunal held that the victim sustained fatal injuries and one Mr. Faheem Bag sustained injuries in the accident that took place on 22.09.2016 due to the rash and negligent driving of the offending vehicle. The offending vehicle was insured with the respondent/Insurance company who were, therefore, held liable to pay compensation to the family members of the deceased. The deceased at the time of accident was 18 years of age. 5. In regard to the assessment of the income, the learned Tribunal noted that the cl