SAVITA & ORS. vs NATIONAL INSURANCE COMPANY LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 10th March 2026 Pronounced on : 30th April 2026 Uploaded on : 30th April 2026 + MAC.APP. 330/2024 SAVITA & ORS. .....Appellants Through: Mr. Vaibhav Verma and Ms. Tanya Singh, Advs. versus NATIONAL INSURANCE COMPANY LTD .....Respondent Through: Mr. Pankaj Seth, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT % ANISH DAYAL, J. 1. This appeal has been filed by claimants seeking enhancement of compensation of Rs. 16,76,900/- along with interest at the rate of 7.5% per annum awarded by Motor Accidents Claims Tribunal (‘MACT’), Patiala House Courts, New Delhi in MAC Petition No. 205/2018 by award dated 11th March 2024. 2. Mr. Vaibhav Verma, counsel appears on behalf of appellants/claimants and seeks enhancement of compensation on the sole basis that benchmark income has wrongly been assessed at the minimum wages of an unskilled person as prevalent in Uttar Pradesh (‘U.P.’) and were taken at Rs.7,400/- per month. The Accident 3. On 18th January 2018, at about 08:30 am, Sh. Ashok Kumar (hereinafter, ‘deceased’) was going from Noida to his village, Nangla Signature Not Verified Digitally Signed By:MANISH KUMAR MAC. APP. 330/2024 Page 1 of 25 Signing Date:30.04.2026 19:31:13 Rustampur on his motorcycle. When he reached near Zero Point Yamuna Expressway, Knowledge Park, Greater Noida, the offending vehicle, being a motorcycle, bearing registration no. UP-16BB-6929, driven by the driver, came from the back side and dashed with the motorcycle of deceased, due to which he sustained grievous injuries. He was removed to Kailash Hospital, Greater Noida, where he was declared as ‘brought dead’ by the doctors. 4. He was about 37 years of age and was survived by his wife, three children and mother. The offending vehic