UNITED INDIA INSURANCE CO. LTD. vs KALPANA PANDEY & ORS.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12th May 2026. % + MAC.APP. 939/2015 UNITED INDIA INSURANCE CO. LTD. .....Appellant Through: Mr. Pankaj Seth, Advocate with Ms. Shruti Jain, Advocate. versus KALPANA PANDEY & ORS. .....Respondent Through: Mr. S.N. Parashar, Advocate with Mr. Ritik Singh, Advocate for respondent nos. 1 to 3. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT % ANISH DAYAL, J :(ORAL) CM APPL. 23608/2026 (for early hearing) 1. This application has been filed by the respondent nos.1-3 seeking early hearing of the appeal. 2. In view of what has been stated in the application, application is allowed and disposed of. MAC.APP. 939/2015 1. This appeal has been filed by the Insurance Company challenging the award dated 04th August 2015 passed by the Motor Accident Claims Tribunal, Rohini Courts, Delhi (‘MACT/Tribunal’) in Suit No. 259/2013, awarding compensation of Rs.51,83,640/- along with interest Signature Not Verified Digitally Signed By:RAHUL KUMAR CHOUDHARY MAC. APP. 939/2015 Page 1 of 9 Signing Date:16.05.2026 17:07:38 @9% per annum. 2. Mr. Pankaj Seth, counsel for the Insurance Company, raises issue on computation of the compensation on the following counts: firstly, that the notional income was taken at Rs.23,463/- per month on the basis of the salary certificate but included all the variable perks which should not have been considered and ought to have been deducted; secondly, that the MACT wrongly deducted 1/4th towards personal expenses instead of 1/3rd, despite the mother of the deceased having passed away during the pendency of the proceedings (in 2011), leaving behind only three dependents and not four; thirdly, that future prospects at 50% ought not to have been granted, considering the deceased was in private employment