National Insurance Co Ltd vs Prabhjot Singh & Ors
2026 Latest Caselaw 2005 Del

Delhi High Court

National Insurance Co Ltd vs Prabhjot Singh & Ors on 6 April, 2026

                          $~6
                          *       IN THEHIGH COURTOF DELHIAT NEW DELHI
                          %                                  Date of decision: 06thApril 2026

                          +       MAC.APP. 1029/2014 & CM APPL. 18524/2014
                                  NATIONAL INSURANCE CO LTD                           .....Appellant
                                                    Through:       Mr. Pankaj Seth, Ms. Shruti Jain, Ms.
                                                                   Vijay Laxmi, Advocates.
                                                    versus

                                  PRABHJOT SINGH & ORS                               .....Respondents
                                               Through:            Mr. Jatinder Kamra, Advocate for
                                                                   Respondent nos.1 & 2.

                                  CORAM:
                                  HON'BLE MR. JUSTICE ANISH DAYAL
                                                    JUDGMENT

ANISH DAYAL, J (ORAL)

1. This appeal has been filed by the Insurance Company in respect of the award dated 24th July 2014 passed by the Motor Accident Claims Tribunal, West Delhi ('MACT') in Case No.307/2014, where a compensation of Rs.55,35,000/- along with interest @7.5%per annum was awarded for the death of Sh. Charanpreet Singh.

2. The accident occurred on 6th July 2010 at about 11:05 PM, when Sh. Charanpreet Singh was travelling as a pillion rider on motorcycle driven by Sh. Amandeep Singh and when they reached Najafgarh Road, Rajouri Garden, Delhi, the offending truck driven in a rash and negligent manner hit the motorcycle resulting in both falling on the road. Sh. Charanpreet Singh sustained fatal injuries and passed away.

3. Claim has been filed on behalf of Legal Representatives of Sh. Charanpreet Singh.

4. Mr. Pankaj Seth, counsel for Insurance Company, seeks alignment of the compensation awarded in terms of the principles enunciated in National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680.

5. Accordingly, the following components of the compensation will have to be aligned:

i. Loss of love and affection granted at Rs.1,00,000/- cannot be granted in terms of the decision in United India Insurance Co. Ltd. v. Satinder Kaur (2021) 11 SCC 780.

ii. Funeral expenses granted at Rs.25,000/- would be Rs.15,000/-. iii. Loss of estate granted at Rs.10,000/- would be Rs.15,000/-. iv. Loss of consortium will be awarded to the three family membersi.e.father, mother and sister of the deceased at Rs.1,20,000/- (Rs.40,000×3).

6. Additionally, since the deceased was 22 years of age at the time of accident, future prospects would be granted at 40% and not at 50% as has been granted by the MACT.

7. Rest of the components of the compensation shall remain the same.

8. The revised computation is as under:

S.no Head of Compensation Awarded by MACT Award by This Court 1 Income of Deceased (A) Rs.25,000/- Rs.25,000/-

2 Add Future Prospects (B) Rs. 12,500/- Rs. 10,000/-

@ 40% 3 Less Personal expenses of Rs.12,500/- Rs. 11,667/-

the deceased (C) 1/3rd

4 Loss of dependency [A+B- Rs.25,000/- Rs. 23,333/-

C= D) 5 Annual loss of dependency Rs. 3,00,000/- Rs. 2,79,996/-

Dx12=E

7 Total loss of dependency Rs. 54,00,000/- Rs. 50,39,928/-

(ExF=G) 8 Compensation for loss of Nil Rs. 1,20,000/-

consortium (H) 9 Compensation for loss of Rs. 1,00,000/- Nil love and affection (I) 10 Compensation for loss of Rs. 10,000/- Rs. 15,000/-

estate (J) 11 Compensation towards Rs. 25,000/- Rs. 15,000/-

funeral expenses (K) 12 Total compensation Rs. 55,35,000/- Rs. 51,89,928/-

(G+H+J+K=L) 13 Rate of Interest Awarded 7.5% 7.5%

9. By order dated 14th November 2014, this Court had directed the deposit of entire amount of compensation along with accrued interest before the Registrar General of this Court and directed release of 50%of the awarded amount as per the directions of MACT in the impugned award.

10. Since the compensation has been reduced by Rs.3,45,072/-, the surplus will be refunded to appellant/Insurance Company along with proportionate interest, subject to any further orders by the Court.

11. The balance amount along with interest due to claimant deposited with the Registrar General of this Court will be released to the claimant as per the scheme set out in the impugned award.

12. Accordingly, balance amount be also released in accordance with the directions of the MACT by the UCO Bank, Delhi High Court Branch.

13. Statutory deposit, if any, be refunded to the appellant/Insurance Company.

14. Appeal stands disposed of in above terms.Pending applications, if any, are rendered infructuous.

15. Copy of this Judgment be sent to the Manager, UCO Bank, Delhi High Court Branch for information and compliance.

16. Judgment be uploaded on the website of this Court.

(ANISH DAYAL) JUDGE APRIL 6, 2026/ak/zb