THE ORIENTAL INSURANCE CO LTD vs BHUWAN CHANDRA SINCE DECEASED THR LRS

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04.07.2025 + MAC.APP. 397/2025 & CM APPL. 38347-38348/2025 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. Kanwar Kochhar, Advocate versus BHUWAN CHANDRA SINCE DECEASED THR LRS .....Respondent Through: Mr. Anshuman Bal, Advocate for R-1 &2 CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 38348/2025 [Exemption from filing certified/true typed copies] 1. Allowed, subject to the Appellant filing certified/true typed copies of the annexures within a period of three weeks. 2. The Application stands disposed of. MAC.APP. 397/2025 & CM APPL. 38347/2025 [Stay] 3. The present Appeal has been filed on behalf of the Appellant under Section 173 of the Motor Vehicle Act, 1988 impugning the award dated 24.04.2025 [hereinafter referred to as “Impugned Award”] passed by the learned Presiding Officer, MACT-02 (Central), Tis Hazari Courts, Delhi. By the Impugned Award, compensation in the sum of Rs.45,04,000/- has been awarded along with interest at the rate of 9% per annum. 4. Learned Counsel for the Appellant raises four grounds of challenge in the present Appeal. Firstly, that the monthly salary of the deceased has been Signature Not Verified Digitally Signed MAC. APP. 397/2025 Page 1 of 6 By:RAHUL Signing Date:12.07.2025 04:35:13 wrongly calculated. Learned Counsel submits that the salary slip for the month of April was taken into account, and since the deceased died on 24 th of April, the salary slip for the month of March should be taken into account. 4.1 Concededly, the deceased was working until the date of his death. The monthly salary of the deceased as on the date of his death was Rs.30,000/- as per the salary slips which were exhibited as Ex. PW-2/4 (colly) before