RELIANCE GENERAL INSURANCE COMPANY LTD vs SMT. SIMMY & ORS

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th May 2026 + MAC.APP. 835/2014 RELIANCE GENERAL INSURANCE COMPANY LTD .....Appellant Through: Mr. Rajeev M. Roy, Advocate (through VC) versus SMT. SIMMY & ORS .....Respondent Through: Mr. Shrey Chathly, Advocate for respondent Nos. 1 to 3. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT % ANISH DAYAL, J (ORAL) 1. This appeal has been filed by appellant/Insurance Company, seeking reduction of the compensation awarded by the Motor Accidents Claims Tribunal , Karkardooma Courts, Delhi [‘MACT/Tribunal’], vide Award dated 31st May 2014 in M.A.C Petition No. 174/2012 [‘impugned award’], whereby compensation of Rs. 41,65,276/- along with interest @ 9% was awarded. 2. The accident occurred on 01st September 2012, when Mr. Rajesh Khattolia [hereinafter, ‘deceased’] was travelling to Uttarakhand along with his friends in an Alto Car. Said car fell into a ditch, allegedly due to the rash and negligent driving of its driver [respondent no.4 herein], as a Signature Not Verified Digitally Signed By:RAHUL KUMAR CHOUDHARY MAC. APP. 835/2014 Page 1 of 8 Signing Date:25.05.2026 16:10:55 result of which, deceased died on the spot. 3. The deceased was in the employment of Tech books International Pvt. Ltd. as a “Senior Executive” and was earning Rs. 26,621/- per month at time of the accident. 4. Mr. Rajeev M. Roy, counsel for appellant/Insurance Company, submits that components of compensation need to be re-aligned with the decision of the Supreme Court in National Insurance Company v. Pranay Sethi & Ors. (2017) 16 SCC 680. 5. Considering that the appeal is a continuation of the claim proceedings, the right of appellant/Insurance Company to seek alignment of compensation subsists in this regard, particularly in view of the