MAC.APP. 503/2023

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 28.11.2023

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MAC.APP. 503/2023 & CM APPL. 58461/2023

THE ORIENTAL INSURANCE COMPANY LTD

..... Appellant

Through:

Mr.JPN Shahi, Adv.

versus

MOHD

TUFAIL

DECEASED

THROUGH

LRS

MS

GULSHAN PARWEEM AND ORS ..... Respondents

Through:

Mr.Aatreya Singh, Adv. for R-1

to R-5.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (ORAL)

1.

This appeal has been filed challenging the Award dated

11.08.2023 (hereinafter referred to as the ‘Impugned Award’)

passed by the learned Motor Accidents Claims Tribunal-01,

(Central), Tis Hazari Courts, Delhi (hereinafter referred to as

the ‘Tribunal’) in MACT No. 171/2023 titled Mohd. Tufail

deceased through Smt.Gulshan Parween & Ors. v. Promod

Saini & Ors.

2.

It was the case of the claimants, that is, the respondent

nos.1 to 5 herein, before the learned Tribunal that on

05.12.2022 at about 10:38 AM, the deceased Mohd. Tufail @

Mohd. Tufel had been hit by a DTC bus at DBG Road

Digitally Signed

By:SUNIL

Signing Date:02.12.2023

16:24:06

Signature Not Verified

MAC.APP. 503/2023

Dispensary Cut, Today Hotel, Paharganj. The deceased was

rushed to the Lady Harding Hospital, however, he died on

06.12.2022.

3.

Based on the evidence led, the learned Tribunal by way

of the Impugned Award has held that the accident resulting in

the death of the deceased was caused due to the Offending

Vehicle, that is, the bus bearing registration no DL1PD5093,

being driven in a rash and negligent manner. The learned

Tribunal awarded a sum of Rs.36,38,345/- along with interest at

the rate of 9% per annum as compensation in favour of

respondent nos.1 to 5.

Loss of Dependency

4.

The appellant is aggrieved of the compensation awarded

in favour of the respondent nos. 1 to 5 on the head of loss of

dependency. The learned counsel for the appellant submits that

the deceased was a resident of Bihar, as is evident from his

Aadhar Card. He submits that the learned Tribunal has erred in

placing reliance on the copy of the Election I-Card and the

alleged original voting slip and voting list produced by the

claimants as Ex.PW1/6, Ex.PW1/7 (colly) and Ex.PW1/8, as

these were not properly proved in evidence. He submits that

once it is proved that the deceased was a resident of Bihar, the

minimum wages as applicable in the State of Bihar should have

been taken into account by the learned Tribunal for assessing

the income of the deceased.

Digitally Signed

By:SUNIL

Signing Date:02.12.2023

16:24:06

Signature Not Verified

MAC.APP. 503/2023

5.

I am unable to accept the above submission of the learned

counsel for the appellant.

6.

The learned Tribunal has dealt with the above issue in

detail and has observed as under:-

Digitally Signed

By:SUNIL

Signing Date:02.12.2023

16:24:06

Signature Not Verified

MAC.APP. 503/2023

2022.”

7.

I find no infirmity in the above finding of the learned

Tribunal. As held by the Supreme Court in Sunita and Ors. v.

Rajasthan State Road Transport Corporation and Anr., (2020)

Digitally Signed

By:SUNIL

Signing Date:02.12.2023

16:24:06

Signature Not Verified

MAC.APP. 503/2023

13 SCC 486, it must be remembered that the claimants are not

to prove their case on the yardstick of proof beyond reasonable

doubt, but only on the touchstone of preponderance of

probability. The claimants have in the present case fulfilled the

above test and proved that the deceased was a resident of Delhi

at the time of the accident. The learned Tribunal has, therefore,

rightly assessed the income of the deceased on the basis of the

minimum wages for an unskilled worker, as notified by the

Government of National Capital Territory of Delhi.

8.

The challenge of the appellant is accordingly rejected.

Multiplier

9.

The next challenge of the appellant to the Impugned

Award is on the multiplier adopted by the learned Tribuna