NEW INDIA ASSURANCE CO LTD vs UNEZA BEGUM & ORS

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03rd March, 2025 + MAC.APP. 656/2017 & CM APPL. 26554/2017, 8077/2021, 26052/2022 NEW INDIA ASSURANCE CO LTD .....Appellant Through: Mr. Ravinder Singh, Mr. Ritvik Bhardwaj and Ms. Raveesha Gupta, Advocates. versus UNEZA BEGUM & ORS .....Respondents Through: Mr. S. N. Parashar, Advocate for R1 to 4. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present appeal is filed challenging the order dated 30.05.2017 (hereafter ‘the impugned award’) passed by Motor Accidents Claims Tribunal, Karkardooma Courts, Delhi in MACT No. 82/2014. 2. By way of the present appeal, the appellant challenges the impugned award on the following grounds: a) Firstly, the appellant contends that the income of the deceased victim should have been notionally assessed based on the minimum wages applicable to a matriculate at the relevant time, rather than on the claim made by the wife of the deceased, who filed the claim petition; Signature Not Verified Signed By:HARMINDER MAC.APP. 656/2017 Page 1 of 7 KAUR Signing Date:10.03.2025 12:11:40 b) Secondly, the appellant asserts that compensation could not have been awarded under both the heads— loss of consortium and loss of love and affection ; and c) Lastly, it is argued that the driver of the offending vehicle was operating the vehicle without a valid driving license, and therefore, the insurance company should have been granted recovery rights. 3. The learned counsel for the appellant submits that the claimants failed to provide sufficient evidence to substantiate the claim that the deceased was earning ₹15,500/- per month at the time of the accident. It is highlighted that the alleged employer of the deceased, when produced as a witness, admitted that there was