UNITED INDIA INSURANCE CO LTD vs RAJESH JAIN & ORS

Judgment text excerpt

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09th March 2026 + MAC.APP. 744/2014 & CM APPL. 13444/2014 UNITED INDIA INSURANCE CO LTD .....Appellant Through: Ms. Shikha Sapra, Adv. versus RAJESH JAIN & ORS .....Respondents Through: Mr. Gopesh Tripathi, Advocate for claimant CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J: (ORAL) 1. This appeal has been filed challenging impugned award dated 2nd July 2014 passed by Motor Accidents Claims Tribunal [‘MACT’], East District, Karkardooma Courts, Delhi in Petition No. 764/2008 granting compensation of Rs.27,06,624/- along with interest @ 8% per annum. 2. The accident occurred on 21.03.2008 at about 11.30 a.m., when deceased/Ashish Jain was coming back home on his motorcycle bearing no. DL-7S-AJ-3457. As the deceased/Ashish Jain reached near Dharamshila Cancer hospital, a Water Tanker (Truck) (‘offending vehicle’) bearing no. DL-lGA-9788, driven by respondent no.5/driver at a high speed and in a rash and negligent manner, hit him. The head of deceased/ Ashish Jain was crushed by the wheel/tyres of the offending vehicle. Subsequently, he was taken to LBS Hospital, where he was declared as ‘brought dead’. Signature Not Verified Digitally Signed MAC.APP. 744/2014 1/6 By:MANISH KUMAR Signing Date:18.03.2026 10:16:21 3. Ms. Shikha Sapra, Counsel for appellant/Insurance Company has challenged the impugned award on the ground that future prospects at 50% which, according to her, ought to be 40% basis the principles enunciated in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 considering that deceased/Ashish Jain was 26 years old at the time of accident and was self-employed and running his business. 4. It is evident from the impugned award and has not been disputed by the counsel for c