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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANISH DAYAL
United India Insurance Company Limited – Appellant
Versus
Sobhana – Respondent
| Table of Content |
|---|
| 1. cross-appeals filed against compensation award (Para 1 , 2 , 3) |
| 2. contributory negligence assessments and burden of proof (Para 4 , 5 , 10) |
| 3. insurance company's arguments and rebuttals (Para 6 , 7 , 8) |
| 4. methodology for calculating compensation for pain and suffering (Para 11 , 12 , 13) |
| 5. final orders regarding enhanced compensation and directions (Para 14 , 18 , 20) |
JUDGMENT :
ANISH DAYAL, J.
MAC. APP. 87/2021 & MAC. APP. 322/2021
1. These cross-appeals have been filed assailing impugned award/judgment dated 21st September 2020 passed by Motor Accident Claims Tribunal [‘MACT’], Rohini Courts, Delhi (hereinafter, ‘Tribunal’) in MACT Case No. 105/2019 where compensation of Rs.23,13,000/- along with interest at the rate of 9% was awarded in respect of death of Sh. Rajender (hereinafter ‘deceased’) in an accident which occurred on 15th February 2017.
2. Legal representatives (‘LRs’) of deceased are Smt. Shobhna (wife of deceased), Master Ratan and Master Raman (sons of deceased), Sh. Munni Lal and Smt. Sridevi (parents of deceased) [hereinafter ‘claimants’].
3. Insurance Company has challenged the award essentially on the basis of contributory negligence of the driver of
Compensation for death in a motorcycle accident is contingent on establishing contributory negligence, which must be supported by cogent evidence, and actual earnings should determine the compensatio....
The court affirmed that contributory negligence must be supported by substantive evidence, and modified compensation reflects adherence to established legal principles.
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