RELIANCE GENERAL INSURANCE CO.LTD vs PARVEEN& ORS

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th May 2026 + MAC.APP. 930/2014 & CM APPL. 17069/2014 RELIANCE GENERAL INSURANCE CO.LTD .....Appellant Through: Mr. A.K. Soni, Advocate. versus PARVEEN& ORS .....Respondent Through: Mr. Anjuman Tripathy and Ms Amisha Chauhan, Advocates for R-1. Mr. Abinash Kumar Mishra and Mr. Gaurav Kumar Pandey, Advocates for R-3 and R-4. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT % ANISH DAYAL, J (ORAL) 1. This appeal has been filed by the Insurance Company [appellant herein], assailing Award dated 17th July 2014 [“impugned award”], passed by the Motor Accidents Claims Tribunal, Tis Hazari Courts [‘MACT/Tribunal’], in Case No. 716/2014, whereby compensation of Rs. 93,15,000/- along with 7.5% interest was awarded. 2. On 31st May 2012, at about 10:30 p.m., deceased Kamaljeet, along with his cousin brother, Khushnasseb, was travelling in a Wagon-R car bearing no. UP-14-BH-0724, and when they reached Beri, a Tata 407 bearing no.HR-46-C-1503 [“offending vehicle”], driven by respondent no. 2 and owned by respondent no. 3, crashed into the vehicle of the deceased, resulting in grievous injuries to Kamaljeet, to which he Signature Not Verified Digitally Signed By:RAHUL KUMAR CHOUDHARY MAC. APP. 930/2014 Page 1 of 5 Signing Date:25.05.2026 16:10:55 subsequently succumbed. 3. Mr. A.K. Soni, counsel for the Insurance Company challenges the quantum on four principal counts: 3.1 Firstly, while calculating the benchmark income, no deduction on account of income tax was made by the Tribunal. Income tax as per records shows that it was taken at Rs.25,440/ per annum, which on a per month basis comes out to be, Rs.2120/-. Therefore, the benchmark income taken at Rs. 45,000/- per month in 2012 in the impugned award after deduction o