THE ORIENTAL INSURANCE CO LTD vs SUSHMA DEVI & ORS

Judgment text excerpt

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd January 2026 + MAC.APP. 286/2015, CM APPL. 5381/2015, CM APPL. 23214/2017, CM APPL. 23215/2017 & CM APPL. 23216/2017 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. A.K. Soni, Adv. (through VC). versus SUSHMA DEVI & ORS .....Respondents Through: Mr. Nimish Chib, Mr. Vartul Vishnoi, Advs. (through VC). CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J: (ORAL) 1. This appeal has been filed challenging the impugned Award dated 3 rd January 2015 passed by the Motor Accident Claims Tribunal (‘MACT’) Patiala House Courts, New Delhi in Suit No.282/2014 titled as “Smt. Sushma Devi & Ors. Vs. Sh. Shakeen & Ors.”, whereby compensation of Rs.37,04,000/- was awarded along with interest at the rate of 9% per annum. 2. The appeal has been filed by the Insurance Company seeking modification of the award on the following grounds: Signature Not Verified Digitally Signed MAC.APP. 286/2015 1 of 5 By:MANISH KUMAR Signing Date:24.01.2026 19:05:07 I. Benchmark income for compensation was assessed at Rs.2,90,000/- per annum, on the basis of Income-tax Returns (ITR) of years 2009-2010, whereas the accident occurred on 12th May 2013. Mr. A.K. Soni, therefore, contends on behalf of Insurance Company, considering that there was no other ITR produced nor any other proof of the engagement of the deceased as a Contractor for the Central Public Works Department (‘CPWD’), as claimed by wife of deceased, the income should have been calculated on the basis of minimum wages for a matriculate at Rs.9,386/- per month. II. Mr. A.K. Soni further states that the modification under other heads of compensation must be made keeping into account the principles in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SC