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IN THE HIGH COURT OF DELHI AT NEW DELHI
TARA VITASTA GANJU
United India Insurance Co Ltd – Appellant
Versus
Neelam – Respondent
JUDGMENT :
TARA VITASTA GANJU, J.
MAC.APP. 328/2024
1. The Registry is directed to register the cross objections as a separate Appeal.
2. The present Appeal has been filed on behalf of the Appellant under Section 173 of the Motor Vehicle Act, 1988 impugning the judgment dated 10.04.2024 [hereinafter referred to as “Impugned Award”] passed by the learned Presiding Officer, MACT, East, Karkardooma Courts, Delhi. By the Impugned Order, compensation in the sum of Rs. 19,71,000/- has been awarded to the Respondent Nos. 1 and 2/Claimants along with interest at the rate of 7.5% per annum.
3. Learned Counsel appearing on behalf of the Appellant submits that he has only one ground of challenge in the present Appeal. He submits that thedeceased was unmarried and survived by her mother and one minor younger brother and thus, the deduction of personal and living expenses should have been one half, however, the learned Tribunal has wrongly taken the deduction as one-third.
3.1 Learned Counsel appearing on behalf of the Appellant further submits that the learned Tribunal although discussed the judgment of the Supreme Court in Reshma Kumari & Ors. v. Madan Mohan & Anr., [(2013) 9 SCC 65 ] the deduction
The court ruled that the personal expenses deduction for an unmarried deceased with two dependents should be 50%, not one-third, reflecting legal principles regarding personal and living expense dedu....
The main legal point established in the judgment is the application of the principles for deduction towards personal and living expenses as per the judgment of the Supreme Court in Sarla Verma, and t....
In cases of bachelor deceased, deductions for personal expenses can be adjusted based on the number of dependents, allowing for 1/3rd deduction when multiple dependents exist.
Compensation assessment must follow principles of fairness and equity, taking into account the date of the accident and dependents' status.
The court's decision emphasized the importance of accurately determining the deceased's income, future prospects, and personal expenses in awarding compensation for motor vehicle accidents.
In motor accident death claims for unmarried non-earning students, 50% deduction for personal expenses applies unless claimants prove family dependency on deceased's future income; multiplier based s....
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