THE NEW INDIA ASSURANCE CO. LTD vs BINDU DEVI AND ORS

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 17.11.2025 + MAC.APP. 640/2025 THE NEW INDIA ASSURANCE CO. LTD .....Appellant Through: Mr. Dharmendra Sharma and Mr. Bhupender, Advocates. versus BINDU DEVI AND ORS .....Respondents Through: Mr. Omkar Kushwaha, Advocate. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) CM APPL. 61511/2025 (for exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. MAC.APP. 640/2025 & CM APPL. 61512/2025 (for stay) 3. The appellant- New India Assurance Co. Ltd. [“Insurance Company”] is in appeal against an award of the Motor Accident Claims Tribunal [“the Tribunal”] dated 05.08.2025 in MAC Petition No. 203/2020. 4. The claim is based upon an accident which took place on 08.07.2020 in front of Triveni Colony, Bakhtawarpur Road, Delhi. The accident was between a truck [bearing registration No. DL-1LW-9617] [“the insured vehicle”] and a rickshaw of one Sh. Ganesh Yadav. The accident resulted in the death of Sh. Ganesh Yadav, who was then aged about 52 years. Signature Not Verified Signed By:PARUL MAC.APP. 640/2025 Page 1 of 7 VASHIST Signing Date:19.11.2025 10:50:06 5. The claim was instituted by the respondents Nos. 1 to 4 herein, being the wife, two sons and daughter of the deceased. 6. Having returned a finding of rash and negligent driving by the driver of the insured vehicle, the Tribunal awarded a sum of Rs. 18,97,000/-, in favour of the claimants, alongwith 7.5% interest per annum. 7. The Insurance Company has urged the following two grounds in support of this appeal: a) That the Tribunal has erroneously considered minimum wages applicable in Delhi while computing compensation, whereas the deceased was admittedly a permanent resident of Bihar. b) That the Trib