NEW INDIA ASSURANCE COMPANY LTD vs MONA SETH & ORS

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21st May 2026 + MAC.APP. 194/2015 & CM APPL. 3408/2015 NEW INDIA ASSURANCE COMPANY LTD .....Appellant Through: Mr. C.K. Gola, Advocate versus MONA SETH & ORS .....Respondent Through: Mr. Amit Kumar Pandey, Advocate for R-1 &2. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J :(ORAL) 1. This appeal has been filed by the Insurance Company, assailing impugned award dated 15th December 2014 passed by the Motor Accidents Claims Tribunal (‘MACT/Tribunal’), South East, Saket Courts, New Delhi in Suit No. 145/14/13, whereby, compensation of Rs. 70,09,804/- along with 9% interest per annum was awarded. 2. The accident occurred on 27th October 2013 at about 12:10 p.m. when the deceased was travelling to Delhi on his motorcycle bearing registration no. HR-51AJ-8064. He was hit by a Haryana Roadways Bus bearing registration no. HR-73-5660 (hereinafter, ‘offending vehicle’) driven in a rash and negligent manner from behind. He was crushed under the rear wheels of the offending vehicle and sustained multiple grievous injuries. He was taken to Jai Prakash Narayana Apex Trauma Centre and was declared dead after his medico legal examination was conducted. 3. Mr. C.K. Gola, counsel for Insurance Company, has raised two Signature Not Verified Digitally Signed By:RAHUL KUMAR CHOUDHARY MAC. APP. 194/2015 Page 1 of 5 Signing Date:29.05.2026 17:56:27 issues. First, Rs. 1,708/- has not been deducted towards the component of income tax from the gross salary of Rs. 41,542/-, despite it forming a part of the pay slip for the month of October 2013, exhibited as Ex. PW-2/2. 4. The Court has perused the pay slip and finds that, while the gross salary was taken as Rs. 41,542/-, the income tax was not deducted from the gro