UNITED INDIA INSURANCE CO LTD vs VINOD KUMAR SINHA & ORS

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12th March, 2025 + MAC.APP. 978/2014 UNITED INDIA INSURANCE CO LTD .....Appellant Through: Ms. Suman Bagga and Ms. Rhea Duggal, Advs. versus VINOD KUMAR SINHA & ORS .....Respondents Through: Mr. Sunil Kumar Verma, Adv. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. CM APPL. 60562/2024 (for early hearing) 1. For the reason mentioned in the application, the same is allowed. 2. The application is disposed of. MAC.APP. 978/2014 3. The present appeal is filed challenging the award dated 07.08.2014 (‘impugned award’) passed by the learned Presiding Officer, Motor Accidents Claims Tribunal, Dwarka Courts, New Delhi, in MACP No. 30/2012. 4. Briefly stated, on 11.11.2011, at approximately 2:45 p.m., the deceased, Mr. Vishal Ranjan, was riding his motorcycle bearing registration number HR-29Q-4492. He was allegedly hit by a DTC bus bearing registration number DL-1PC-0601, Signature Not Verified Signed By:HARMINDER MAC.APP. 978/2014 Page 1 of 10 KAUR Signing Date:18.03.2025 17:05:59 resulting in fatal injuries. The deceased was transported to Safdarjung Hospital, where he was declared brought dead. The parents of the deceased/respondents subsequently filed a claim petition before the Motor Accidents Claims Tribunal. 5. The learned Tribunal, by the impugned award, awarded compensation for a sum of ₹25,65,000/- with interest at 7.5% per annum from the date of filing the claim petition until realization. 6. The insurance company has preferred the present appeal on the following grounds: a) The learned Tribunal erred in assessing the notional income of the deceased at ₹15,000/- per month, which is excessive ; b) Since the deceased was not in permanent employment, future prospects should have been