NEW INDIA ASSURANCE COMPANY LTD vs PAVITRA DUGANA & ORS

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21st May 2026 + MAC.APP. 576/2014 & CM APPL. 10573/2014 NEW INDIA ASSURANCE COMPANY LTD .....Appellant Through: Mr. Abhishek Kumar Gola, Adv. Mr. Anshul Mehral, Adv and Mr. Yoshit Sahni, Adv. versus PAVITRA DUGANA & ORS .....Respondents Through: Ms. Farheen, Advocate for Mr. Rakesh Nautiyal, Advocate (through VC) 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 29th April 2014, passed by the Motor Accidents Claims Tribunal (‘MACT/Tribunal’) awarding compensation of Rs. 9,31,672/- along with interest at the rate of 7.5% to the claimants. 2. The accident occurred on 31st March 2000, when the deceased, along with his companion labour was loading coolers in a truck. In the meantime, a Truck bearing No. DL-1GA-5706 (hereinafter, ‘offending vehicle’) driven by respondent no. 5/driver in a rash and negligent manner hit the deceased. Due to the impact, he fell down and received grievous injuries and as a result, passed away. Claim petition was filed by his wife and 3 Signature Not Verified Digitally Signed By:RAHUL KUMAR CHOUDHARY MAC. APP. 576/2014 Page 1 of 7 Signing Date:29.05.2026 17:56:27 children, who are the respondents/claimants herein. 3. Mr. Abhishek Kumar Gola, counsel for appellant/Insurance Company, challenges the impugned award on two grounds. First, future prospects were granted at 100%, which is not permissible as per the principles enunciated in National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680; and second, non-pecuniary damages, granted on account of loss of consortium, loss of care and guidance of minor child have to be realigned as also, funeral charges and loss of estate. 4