NATIONAL INSUANCE CO. LTD. vs SHEHNAJ BEGUM & ORS

Judgment text excerpt

` ` * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 17th January 2026 Pronounced on : 17th April 2026 Uploaded on : 20th April 2026 + MAC.APP. 888/2013 NATIONAL INSUANCE CO. LTD. .....Appellant Through: Mr. Pankaj Seth, Advocate for appellant along with Ms. Shruti Jain, Advocate. versus SHEHNAJ BEGUM & ORS .....Respondents Through: Mr. S.N. Parashar, Advocate with Mr. Ritik Singh, Advocate for respondent nos. 1 to 3. CORAM: HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal has been filed challenging the award dated 31st May 2013 passed by the Motor Accident Claims Tribunal [“Tribunal”], Tis Hazari Courts, Central, in Claim Petition No. 557/2012 [“impugned award”], whereby compensation of Rs. 18,01,864/- along with 9% interest was awarded in a fatal accident case. 2. The Insurance Company asserts that the accident was not caused due to the sole negligence of the respondent no.4/ driver of the offending vehicle, and further submits that neither the eyewitnesses nor the Investigation Officer (“IO”) were examined. 3. Moreover, the Tribunal erred in applying minimum wages in absence of proof of occupation and income, and the claimants were not Signature Not Verified Digitally Signed By:MANISH KUMAR MAC.APP. 888/2013 Page 1 of 44 Signing Date:20.04.2026 11:09:57 ` ` entitled to loss of dependency. There were other issues relating to the computation of income on account of future prospects, deduction towards personal expenses, loss of consortium, loss of love and affection, and funeral expenses, and the award of penal interest. Incident 4. On 7th October 2012, deceased persons were traveling on a Rickshaw and, near Pratap Nagar Metro Pillar, Old Rohtak Road, were hit by a truck bearing no. DL 1GB 6352 [‘offending vehicle’], driven by Mohd. Ashra