Delhi High Court

MAC.APP./599/2026 of TATA AIG GENERAL INSURANCE COMPANY LTD. Vs ROSHAN KHATOON & ORS. on 14 September 2026

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HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010433822026 + MAC.APP. 599/2026 & CM APPL. 62283/2026 TATA AIG GENERAL INSURANCE COMPANY LTD. .....Appellant Through: Mr. Vaibhav Singh, Mr. Ashish Kumar, Ms. Simran Verma & Mr. Naveen, Advs. versus ROSHAN KHATOON & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CNR No. DLHC010433822026

+

MAC.APP. 599/2026 & CM APPL. 62283/2026

TATA AIG GENERAL INSURANCE COMPANY LTD.

.....Appellant

Through:

Mr. Vaibhav Singh, Mr. Ashish

Kumar, Ms. Simran Verma & Mr.

Naveen, Advs.

versus

ROSHAN KHATOON & ORS.

.....Respondents

Through:

appearance not given.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R

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14.09.2026

CM APPL. 62284/2026

1. Exemptions allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 62282/2026

1. This is an application filed seeking condonation of delay of 10 days in refiling the appeal.

2. For the reasons stated in the application, the delay of 10 days in refiling the appeal is condoned.

3. The application is disposed of.

MAC.APP. 599/2026

1. This appeal has been filed by the Insurance Company challenging the award dated 02nd July 2026 passed by MACT, North District, Rohini Courts, Delhi in MACT No. 141/23, whereby compensation of Rs. 31,58,872.80/- was awarded along with interest at 9% per annum.

2. The accident in question occurred on in an accident which took place on 19th August 2022, which resulted in the death of a 16-year-old minor who was crushed by a truck, the offending vehicle.

3. Firstly, As regards the grounds relating to the calculation of loss of dependency in the case of the death of a minor, the issue has already been considered by this Court in Rubi Devi & Anr. v. The New India Assurance Co. Ltd. & Ors. 2026:DHC:3674, and therefore does not require further consideration.

4. The contention of the Insurance Company in that regard is therefore unsustainable.

5. Secondly, Mr. Vaibhav Singh, counsel for Insurance Company, contends that the MACT has awarded interest at the rate of 9% per annum for an accident that occurred in the year 2022, which is on the higher side.

6. Reliance is placed on the principles enunciated in Kaushnuma Begum (Smt.) & Ors. v New India Assurance Co. Ltd. & Ors. (2001) 2 SCC 9.

7. Considering that, on the date of the accident, the prevailing rate of interest was 7.5% per annum, the rate of interest awarded by the MACT is modified from 9% to 7.5% per annum.

8. The awarded compensation, along with interest at 7.5% per annum, be deposited, if not so deposited, by the Insurance Company with the MACT within 4 weeks.

9. Counsel appearing for the claimant states that they have also filed an appeal, being MAC. APP. 497/2026, seeking release of the awarded amount, as the learned MACT had directed release of only a sum of Rs. 48,000/- in favour of the father of the deceased and had deferred further disbursement awaiting recording of the mother's statement under Clause 29 of the Modified Claims Tribunal Agreed Procedure (‘MCTAP’). MAC.APP. 497/2026 is now listed on 7 October 2026.

10. Accordingly, the appeal is disposed of in the above terms.

11. Pending application is rendered infructuous.

12. Statutory deposit, if any, be refunded to the appellant.

13. Order be uploaded on the website of this Court.

ANISH DAYAL, J SEPTEMBER 14, 2026/ng/bp

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