MANJU SINGH vs NAIM KHAN & ORS ( HDFC ERGO GEN INSURANCE CO LTD )

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th March 2026 + MAC.APP. 145/2019 MANJU SINGH .....Appellant Through: Mr. S.N. Parashar, Mr. Umesh Kumar, Advocates. versus NAIM KHAN & ORS ( HDFC ERGO GEN INSURANCE CO LTD) .....Respondents Through: Ms. Neerja Sachdeva, Advocate for respondent no.3/Insurance Company (through VC). CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed seeking enhancement of compensation awarded by order dated 4th March 2017 passed by the Motor Accident Claims Tribunal, (Central) Tis Hazari Courts, Delhi (‘MACT’) in MACT No.335/2015/ New Suit No. 356819/16 whereby an award of Rs.10,57,064/- along with interest @ 9% per annum. 2. The matter relates to an accident that occurred on 15th November 2014, at about 11:35 PM when Rajat Pratap Singh/ deceased was driving a Maruti car bearing registration no. DL-2CAH-3767 from I.S.B.T., Kashmere Gate towards I.T.O. with two other passengers. The car collided with a truck Signature Not Verified Digitally Signed MAC.APP. 145/2019 Page 1 of 6 By:MANISH KUMAR Signing Date:24.03.2026 12:01:38 bearing registration no. HR-55T-4920 wrongly parked in the middle of the road without any indicator or parking lights on. Due to the impact, all occupants sustained injuries and Rajat Pratap Singh was declared brought dead when taken to the Lok Nayak Hospital, Delhi. FIR was registered and chargesheet and criminal proceedings were initiated. Claim petition was filed by the mother of deceased. 3. The deceased was 26 years of age at the time of the accident. The MACT held the notional income at Rs.10,487/- per month basis the minimum wages of a skilled worker. 4. Mr. S.N. Parashar, counsel for claimant, states that in calculating the loss of dependency, t