MAC.APP./46/2014 of RAJESH KUMAR & ANR Vs TATA AIG GENERAL INS. CO LTD & ANR on 10 September 2026

O R D E R

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10.09.2026

1. The appeal has been filed by appellants/claimants seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, North, Tis Hazari Courts, Delhi [‘MACT’], vide order dated 13th December 2012, passed in Suit No. 526/2012, whereby compensation of Rs.7,64,800/-, along with interest at the rate of 9% per annum, was awarded, in relation to an accident which occurred on 18th July 2012.

2. On the said day, the deceased along with his brother, was crossing the road, when he was hit by vehicle no. DL 8CX 0752 [‘offending vehicle’] resulting in fatal injuries. The offending vehicle was found to be insured with respondent no.1/Insurance Company.

3. Mr. Kamal Deep, counsel for appellants/claimants, seeks enhancement on the following counts, which are dealt with as under: i) The deceased had been 20 years of age on the date of the accident, however, the multiplier was adopted at ‘13’, on the basis of the age of father of the deceased. Therefore, in light of the principles enunciated by the Supreme Court in Sarla Verma Vs. DTC, (2009) 6 SCC 121, and National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, the multiplier shall be adopted basis age of the deceased, at ‘18’. ii) Addition towards future prospects was made at ‘30%’, which shall be modified to ‘40%’ in terms of the principles enunciated in Pranay Sethi (supra). iii) Income of deceased was assessed basis minimum wages of an unskilled worker at Rs.6,566/- per month. However, Mr. Kamal Deep, counsel for appellants/claimants, informs the Court that the amount thereof had been Rs.7,020/- at that time. Therefore, the same shall be rectified accordingly. iv) The compensation towards loss of estate and funeral expenses shall be awarded at Rs.15,000/- each; v) Compensation awarded under the head of ‘loss of love and affection’ shall be absorbed into the ‘loss of consortium’. ‘Loss of love and affection’ shall stand deleted in terms of the decision of the Supreme Court in United India Insurance Co. v. Satinder Kaur, (2021) 11 SCC 780; vi) ‘Loss of consortium’ shall be awarded at Rs. 80,000/- [Rs. 40,000/ X 2], in respect of two dependents.

4. Accordingly, the revised compensation shall be calculated as under: S. NO. HEADS AWARDED BY THE TRIBUNAL AWARDED BY THIS COURT

1. Monthly Income of Rs. 6,656/- Rs.7,020/- deceased (A)

2. Add Future Prospects (B) Rs. 8,652.8/- [@30%] Rs. 9,828/- [@40%]

3. Less Personal expenses of the deceased (C) @ 50% Rs. 4,326.4/- Rs. 4,914/-

4. Monthly loss of dependency [B-C = D] Rs. 4,326.4/- Rs. 4,914/-

7. Annual loss of dependency (Dx12) Rs. 51,917/- Rs. 58,968/-

8. Multiplier (E)

9. Total loss of dependency (Dx12xE = F) Rs. 6,74,921/- Rs. 10,61,424/-

10. Amount towards medical bills (G) Rs. 49,857/- Rs. 49,857/-

11. Loss of love and affection (H) Rs. 25,000/- NIL

12. Compensation for loss of consortium (I) (40,000x2) NIL Rs. 80,000/-

13. Compensation for loss of estate (J) Rs. 10,000/- Rs. 15,000/-

14. Compensation towards funeral expenses (K) Rs. 5,000/- Rs. 15,000/-

15. Total compensation (F+G+H+I+J+K = L) Rs. 7,64,800/- (rounded off) Rs. 12,21,281/-

16. Interest 9% 9%

17. Enhanced amount Rs. 4,56,481/-

Directions

5. For the aforesaid reasons, compensation stands enhanced by Rs.4,56,481/- [“enhanced amount”].

6. Considering that appellant no.1 [father of the deceased] has passed away, compensation shall be released in favour of appellant no.2, brother of the deceased, namely Rohit Singh [who is the only appellant as per the amended Memo of Parties].

7. Enhanced amount along with 9% interest per annum from the date of filing the petition, shall be deposited before MACT within a period of four weeks. It is directed that a lump sum amount of Rs. 2,00,000/- shall be released in favour of Rohit Singh from the deposit of enhanced amount within a period of two weeks thereafter. Remaining enhanced amount, along with accrued interest, shall be kept in Fixed Deposit Receipts [‘FDRs’] of Rs. 25,000/- each for periods of 1 month, 2 months, 3 months and so on, in succession as maybe calculated. Interest accruing on said FDRs shall be credited to the designated Savings Bank Account of Rohit Singh. The amount of FDRs on maturity would be released to the Savings Bank Account of Rohit Singh upon due verification.

8. The originally awarded amount, if not already released, shall be released in favour of Rohit Singh in accordance with the scheme contained in the impugned award.

9. Appeal stands disposed of in above terms.

10. Pending applications, if any, are rendered infructuous.

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

ANISH DAYAL, J SEPTEMBER 10, 2026/sm/ya