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Delhi High Court
Meera Yadav And Anr vs Hdfc Ergo General Insurance Co Ltd And ... on 24 March, 2026
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24th March 2026
+ MAC.APP. 148/2026
MEERA YADAV AND ANR .....Appellants
Through: Mr. Sunil Kr. Verma, Mr. Chandan
Kumar & Mr. Abhay Kumar,
Advocates.
versus
HDFC ERGO GENERAL INSURANCE CO LTD AND ORS
.....Respondents
Through: Mr. Rajeev M. Roy, Advocate for R-
1.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
ANISH DAYAL, J (ORAL)
1. Mr. Rajeev M. Roy appears on behalf of the Insurance Company/R-1,
pursuant to previous order of 24th February 2026.
2. Since only two issues have been raised by both sides in this matter,
in the opinion of the Court, the matter can be decided.
3. The appeal has been filed assailing the award dated 23 rd December
2025, passed by Motor Accident Claims Tribunal, South-West, Dwarka
Courts ('MACT/Tribunal') in MACT No. 959/2018, awarding an amount
of Rs. 22,16,000 along with 7.5% per annum interest
4. The accident occurred on 14th September 2018 at about 12:30 A.M.,
when the deceased was returning from Gurugram in his Car to his
residence at Palam, New Delhi, truck bearing registration no. No.HR-73A-
9251 came from behind and collided with the deceased car. The deceased
sustained grievous injuries were taken to Civil Hospital, Gurugram. The
doctors declared him dead. Criminal proceedings were initiated and the
claim petition for compensation was filed.
5. The main concern of the counsel for the appellant relates to the
application of the minimum wages of a skilled worker. Counsel for the
appellant contends that the minimum wages of a skilled worker applicable
in Delhi ought to be taken for the purpose of computation of income of the
deceased; however, the Tribunal has applied the minimum wages of a
skilled worker as applicable in Haryana, i.e. Rs. 10,328.83 per month at the
time of the accident.
6. Counsel for the appellant pointed out that, as per the Aadhaar Cards
placed on record of the mother, father, and the deceased, which are also
filed in this petition, the address mentioned is Raj Nagar, Part-II, Near
DDA Park, Palam Colony, New Delhi-110077.
7. Even the affidavit filed on behalf of the mother, Smt. Meera Yadav,
along with the appeal, shows her residence as Raj Nagar, Part-II, Near
DDA Park, Palam Colony, New Delhi-110077, and the same address is
reflected in the affidavit filed by father of the deceased, Sh. Maharaj Singh
Yadav.
8. In the facts and circumstances of the case and considering the
evidence adduced, this Court does not consider it necessary to further
deliberate on this issue; accordingly, minimum wages of a skilled worker, as
applicable at the time of the accident, being Rs. 17,991/- per month, shall
be considered.
9. Counsel for the Insurance Company has raised an issue regarding the
deduction of 1/3rd towards personal expenses by the MACT, despite the
deceased being a bachelor. He contends that in terms of principles
enunciated in National Insurance Co. Ltd. v. Pranay Sethi & Ors (2017)
16 SCC 680, a deduction of 50% towards personal expenses ought to have
been made.
10. In light of the submissions advanced by counsel for the Insurance
Company and the settled legal position, 50% shall be deducted towards
personal expenses.
11. Counsel for the appellant raises another issue regarding the
modification of the interest awarded at the rate of 7.5% per annum.
However, the same is not being considered, as the Court finds no reason to
interfere with the findings of the Tribunal in this respect, interest rate being
reasonable and appropriate.
12. The revised computation is as under:
S. Heads Awarded by the Awarded by this Court
No. Tribunal
1 Monthly Income of Rs.10,328.83/- Rs. 17,991/-
deceased (A)
2 Add: Future Prospects (B) Rs.4,131.532/- Rs. 7,196.40/-
(40%)
3 Less: Personal expenses of 1/3 of 14,460.362 1/2 of 25,187.40 =
deceased (C) =Rs.4,820.12/- Rs.12,593.70/-
4 Monthly Loss of Rs.9,640.23/- Rs. 12,593.70/-
dependency (A+B)-C=D
5 Annual loss of dependency Rs.1,15,682.76/- Rs. 1,51,124.40/-
(Dx12)= (E)
7 Total loss of dependency Rs.20,82,289.68/- Rs. 27,20,239.20/-
(ExF) = (G)
8 Compensation for loss of Rs.96,800/- Rs.96,800/- (48,400 x
consortium (H) (48,400 x 02) 02)
9 Compensation for loss of Rs.18,150/- Rs.18,150/-
estate (I)
10 Compensation towards Rs.18,150/- Rs.18,150/-
funeral expenses (J)
11 Total compensation Rs.22,15,389.68/- Rs. 28,53,339.20/-
(G+H+I+J)=K which is rounded Which is rounded off to
of to Rs. 28,53,400/-
Rs.22,16,000/-.
12 Rate of Interest Awarded 7.5% per annum 7.5% per annum
13. Accordingly, the appeal stands disposed of.
14. Enhanced compensation, along with interest at the rate of 7.5% per
annum from the date of filing, shall be deposited before the Tribunal within
6 weeks and shall be apportioned and disbursed in terms of the scheme
directed in the impugned award.
15. Judgment be uploaded on the website of this Court.
(ANISH DAYAL)
JUDGE
MARCH 24, 2026/da/bp
