THE NEW INDIA ASSURANCE CO. LTD vs SMT. URMILA AND ORS

Judgment text excerpt

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.07.2025 + CM(M) 906/2025 THE NEW INDIA ASSURANCE CO. LTD .....Petitioner Through: Mr. JPN Shahi, Advocate versus SMT. URMILA AND ORS .....Respondents Through: Mr. Dilip Singh, Mr. R. Karthik and Mr. Arnav Mehta, Advocates for R- 1 to 4 CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Article 227 of the Constitution of India impugning the order dated 28.01.2025 [hereinafter referred to as “Impugned Order”] passed by the learned Presiding Officer, MACT-01, Central, Tis Hazari Courts, Delhi in Review Application No. MISC. DJ No. 502/2024 in MACT No. 57324/2016 captioned Urmila v. Suresh Kumar and Ors. 2. It is the case of the Petitioner that initially an Order was passed on 09.04.2024 by the learned Trial Court by which an amount in the sum of Rs. 36,76,878/- including interest at the rate of 7.5% per annum was awarded to Respondents/Claimants. Subsequently, an Application was filed by the Respondents/Claimants for review. Although, the Application has not been placed on record by the Petitioner. A review of the Impugned Order shows Signature Not Verified Digitally Signed CM(M) 906/2025 Page 1 of 3 By:HONEY ARORA Signing Date:25.07.2025 22:14:56 that that the Application for review was filed on two grounds. Firstly, that the gross salary of the deceased was Rs. 23,606/- while the net salary was Rs. 20,951/- and despite the salary slip being available on record, the learned Tribunal took the net salary of the deceased instead of the gross salary. Secondly, the ground for review was that the pension of the deceased was wrongly deducted by the learned Tribunal while awarding compensation. 3. Learned Counsel appearing on behalf of the P