NEW INDIA ASSURANCE COMPANY LTD vs KAMALA & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 17th January 2026 Pronounced on : 29th January 2026 Uploaded on : 30th January 2026 + MAC.APP. 133/2014 NEW INDIA ASSURANCE COMPANY LTD .....Appellant Through: Mr. Ravinder Singh, Ms. Raveesha Gupta, Mr. Ritvik Bhardwaj & Ms. Nishita Kushwaha, Advs. versus KAMALA & ORS .....Respondents Through: Mr. S.N. Parashar and Mr. Ritik Singh, Advs. for R-1 & 2. + MAC.APP. 948/2014 KAMLA & ORS .....Appellants Through: Mr. S.N. Parashar and Mr. Ritik Singh, Advs. versus NEW INDIA ASS CO LTD .....Respondent Through: Mr. Ravinder Singh, Ms. Raveesha Gupta, Mr. Ritvik Bhardwaj & Ms. Nishita Kushwaha, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. MAC.APP. 133/2014 has been filed by New India Assurance Signature Not Verified MAC.APP. 133/2014 & MAC.APP. 948/2014 Page 1/14 Digitally Signed By:MANISH KUMAR Signing Date:30.01.2026 17:48:08 Company Ltd (hereinafter, ‘Insurance Company’), while MAC.APP. 948/2014 are cross objections filed by claimants. For the purposes of reference, parties will be referred to by their name, rather than as appellant/respondent etc. 2. While the Insurance Company seeks correction in the amounts awarded under the non-pecuniary heads, namely, loss of estate, funeral expenses and loss of consortium, along with correction in future prospects and multiplier to align itself with the principles enunciated in National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 (‘Pranay Sethi’). Cross-objection raised on behalf of claimants is regarding the application of minimum wages taken for a matriculate for the deceased, considering he was a diploma holder in education and was taking tuition classes, therefore, suggesting that the benchmark income should be considered at a hig