SMT. SUMAN & ORS vs HDFC ERGO GENERAL INSURANCE CO. LTD & ANR

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 13th May, 2026 + MAC.APP. 572/2014 SMT. SUMAN & ORS .....Appellant Through: Mr. Sunil Kumar Verma, Advocate. versus HDFC ERGO GENERAL INSURANCE CO. LTD & ANR .....Respondents Through: Ms. Mouli Sharma, Advocate for Ms. Suman Bagga, Advocate for Respondent no.1. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed by the claimants seeking enhancement of compensation awarded by judgment dated 31st January 2014 passed by Motor Accident Claims Tribunal [‘MACT’], Dwarka Court, Delhi in MACT No. 214/11, whereby compensation of Rs. 10,37,783/- along with interest @7.5% was awarded to the claimants. 2. The accident occurred on 16th January 2011 when deceased accompanied one Vipin Kumar to CNG station to fill CNG gas in RTV mini bus bearing registration no. DL-IVA-1247. Sh. Vipin Kumar was informed that there was sparking of battery but the same was ignored by him, which resulted in vehicle catching fire. The deceased could not get out of the bus in time resulting in fatal injuries. He taken to DDU Hospital where he was Signature Not Verified Digitally Signed By:RAHUL KUMAR CHOUDHARY Signing Date:19.05.2026 18:55:53 MAC.APP. 572/2014 Page 1 of 7 declared brought dead. FIR no. 4/11 was registered under Sections 285/336/337/304A of Indian Penal Code, 1860 at PS Dwarka. 3. The enhancement is sought by the claimant on the following counts: (i) that the notional income taken by the MACT for the purpose of calculating loss of dependency was Rs. 4,278/- applicable to an unskilled worker, whereas it ought to have been taken as Rs. 7,826/-, being the minimum wages payable to a skilled worker at the relevant time; (ii) that the amounts awarded towards loss of consortium, cremat