SHRI RAM GENERAL INSURANCE CO LTD vs MAYA DEVI AND ORS

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 14.11.2025 + MAC.APP. 623/2025 SHRI RAM GENERAL INSURANCE CO LTD .....Appellant Through: Ms. Sonal Kushwah, Mr. Yasharth Kant, Ms. Tanvi Saran, Ms. Zoya Hashmi, Advocates. versus MAYA DEVI AND ORS .....Respondents Through: CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellant – Insurance Company is in appeal against an award dated 14.05.2025 passed by the Motor Accident Claims Tribunal [“the Tribunal”] in MACT No. 37/2024. 2. The award arises out of an accident which took place on 14.11.2023, in which one Praveen Kumar passed away. It is the admitted position that the deceased was a bachelor and was 42 years of age on the date of the accident. The accident resulted in criminal proceedings, in which the chargesheet recorded that the accident occurred due to a vehicle (Maruti Swift D-Zire Car No. DL-1-RT-7339) hitting against cemented barricades. The vehicle was driven by Rajesh Kumar (respondent No. 3 herein), and was insured by the appellant. Upon returning a finding of rash and negligent driving, the Tribunal awarded Signature Not Verified Signed By:BHUPENDER MAC.APP. 623/2025 Page 1 of 7 Signing Date:17.11.2025 19:31:54 compensation in favour of the mother and sister of the deceased, being respondent Nos. 1 and 2 herein. 3. The only ground urged in support of the appeal concerns the deduction from loss of earnings on the ground of personal and living expenses. Ms. Sonal Kushwah, learned counsel for the appellant, submits that the Tribunal has erroneously computed the compensation on the basis of one-third deduction towards personal and living expenses of the deceased, whereas the deduction should have been one-half, as the deceased was unmarried. 4. The following three judgments o