MEERA YADAV AND ANR vs HDFC ERGO GENERAL INSURANCE CO LTD AND ORS

Judgment text excerpt

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 24th March 2026 + MAC.APP. 148/2026 MEERA YADAV AND ANR .....Appellants Through: Mr. Sunil Kr. Verma, Mr. Chandan Kumar & Mr. Abhay Kumar, Advocates. versus HDFC ERGO GENERAL INSURANCE CO LTD AND ORS .....Respondents Through: Mr. Rajeev M. Roy, Advocate for R- 1. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. Mr. Rajeev M. Roy appears on behalf of the Insurance Company/R-1, pursuant to previous order of 24th February 2026. 2. Since only two issues have been raised by both sides in this matter, in the opinion of the Court, the matter can be decided. 3. The appeal has been filed assailing the award dated 23 rd December 2025, passed by Motor Accident Claims Tribunal, South-West, Dwarka Courts (‘MACT/Tribunal’) in MACT No. 959/2018, awarding an amount of Rs. 22,16,000 along with 7.5% per annum interest 4. The accident occurred on 14th September 2018 at about 12:30 A.M., when the deceased was returning from Gurugram in his Car to his residence at Palam, New Delhi, truck bearing registration no. No.HR-73A- Signature Not Verified Digitally Signed MAC.APP. 148/2026 Page 1 of 4 By:MANISH KUMAR Signing Date:25.03.2026 16:29:47 9251 came from behind and collided with the deceased car. The deceased sustained grievous injuries were taken to Civil Hospital, Gurugram. The doctors declared him dead. Criminal proceedings were initiated and the claim petition for compensation was filed. 5. The main concern of the counsel for the appellant relates to the application of the minimum wages of a skilled worker. Counsel for the appellant contends that the minimum wages of a skilled worker applicable in Delhi ought to be taken for the purpose of computation of income of the deceased; however, the Tribun