MAC.APP./563/2026 of NATIONAL INSURANCE COMPANY Vs SHOBHA & ORS. on 2 September 2026

O R D E R

%

02.09.2026

1. Pursuant to previous order dated 24th August 2026, Ms. Jigyasa Parashar, counsel for appellant/Insurance Company, states that the counsel for claimants, who had appeared before the Motor Accident Claims Tribunal [‘MACT’], was informed of the present proceedings and had acknowledged the communication.

2. However, no one appears on behalf of the claimants.

3. The residual issue is a minor one relating to the incorrect figure adopted towards the minimum wages applicable to a matriculate/skilled person in Uttar Pradesh as on the date of the accident, i.e., 25th February 2024.

4. The MACT had taken the monthly minimum wage to be Rs. 13,120/-, whereas the applicable minimum wage for the said category was Rs. 12,661/- per month. The relevant Gazette notification has been appended as Annexure A-6 to the appeal.

5. The said notification has been perused by the Court and the applicable minimum wage of Rs. 12,661/- per month is accordingly accepted.

6. As regards the issue of deduction of one-third towards personal and living expenses, instead of one-half on account of the deceased being a bachelor, the said issue has already been considered and decided by this Court vide order dated 24th August 2026.

7. Accordingly, the revised compensation is as under: S. No. Heads Awarded by the Tribunal Awarded by this Court

Income of deceased (A) Rs. 13,120/-

Rs. 12,661/-

Add Future Prospects (B) @40%* Rs. 5,064/-

Less: Personal expenses of deceased (C) 1/3rd Rs. 4,373.3 Rs. 5,908/-

Loss of dependency (A+B)- C=(D) Rs. 8,746.667/- Rs. 11,817/-

Multiplier (E)

Total loss of dependency (D x E) = (F) Rs. 26,44,992.1/- Rs. 25,52,472/-

Compensation for loss of consortium (G) Rs. 1,45,200/- Rs. 1,45,200/-

Compensation for loss of estate (H) Rs. 18,150/- Rs. 18,150/-

Compensation towards funeral expenses (I) Rs. 18,150/- Rs. 18,150/-

Compensation for loss of love and affection (J) Nil Nil

Total compensation (G+H+I+J)= (K) Rs. 28,26,500/-

Rs. 27,33,972/-

Reduced Compensation Rs. 92,528/-

Rate of Interest Awarded 9% 9%

* Future Prospects have wrongly added after deduction of personal and living expenses.

8. Accordingly, the compensation is reduced by Rs. 92,528/-. [‘Reduced compensation’]

9. The Insurance Company is directed to deposit the revised compensation (original compensation minus reduced compensation), along with accrued interest, before the MACT within four weeks. Upon deposit, the same shall be released to the claimants in terms of the directions of the MACT in the impugned award.

10. Accordingly, the appeal is disposed of.

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

12. Statutory amount, if any, be refunded to appellant/Insurance Company.

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

ANISH DAYAL, J SEPTEMBER 2, 2026/MK/zb