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april 2026

Delhi High Court · 2026-04-29

UNITED INDIA INSURANCE CO LTD vs BHAWNA WALIA & ORS

Citation / case number
MAC.APP.-338/2019 2026:DHC:3706
Court
Delhi High Court
Petitioner
UNITED INDIA INSURANCE CO LTD
Respondent
BHAWNA WALIA & ORS
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29th April 2026 MAC.APP. 338/2019 & CM APPL. 10717/2019 UNITED INDIA INSURANCE CO LTD .....Appellant Through: Ms. Mouli Sharma, Adv. for Ms. Suman Bagga, Adv. versus BHAWNA WALIA & ORS .....Respondents Through: Mr. Dhananjay Gupta, Adv. for R-1 &2 CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed by the Insurance Company challenging Award dated 13th December 2018 passed by MACT, East District: Karkardooma Courts, Delhi in Suit no. D-11324/16, granting compensation of Rs.32,34,000/- with interest @ 9% per annum. 2. The primary ground for challenge, as per Ms. Mouli Sharma, counsel for appellant/Insurance Company, is that the benchmark income was considered at Rs. 20,000/- per month relying on the ITR for A.Y. 2015-16, showing gross income of Rs.2,29,550/-. 3. The dependency was calculated on this basis by adding 40% towards future prospects and deducting 1/3rd towards personal and living expenses, thereby awarding a total compensation of Rs.32,34,000/- along with interest @ 9% per annum. 4. Ms. Mouli Sharma, counsel for Insurance Company, submits that MACT has considered the I