MAC.APP. 1010/2015 & MAC.APP. 54/2017 Page 1 of 13

$~4 & 5

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 28.11.2023

(4)+MAC.APP. 1010/2015

NATIONAL INSURANCE CO LTD

..... Appellant

Through:

Mr.Pradeep Gaur and Ms.Sweta

Sinha, Advs. (through VC)

versus

POONAM KAPOOR & ORS

..... Respondents

Through:

Mr.Manish Maini, Ms.Yashika

Miglani and Mr.Vibhor Jain,

Advs.

(5)+ MAC.APP. 54/2017

POONAM KAPOOR & ANR

..... Appellants

Through:

Mr.Manish Maini, Ms.Yashika

Miglani and Mr.Vibhor Jain,

Advs.

versus

NATIONAL INSURANCE CO LTD & ORS ..... Respondents

Through:

Mr.Pradeep Gaur and Ms.Sweta

Sinha, Advs. for R-1 (through

VC)

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (ORAL)

1.

These cross appeals have been filed by the National Insurance

Co. Ltd. (hereinafter referred to as ‘Insurance Company, and the

Claimants before the learned Motor Accidents Claims Tribunal,

Karkardooma Courts, East District, Delhi (hereinafter referred to

as ‘Tribunal’) in Suit No. 31/2023, challenging the Impugned

Digitally Signed

By:SUNIL

Signing Date:02.12.2023

16:31:32

Signature Not Verified

MAC.APP. 1010/2015 & MAC.APP. 54/2017 Page 2 of 13

Award dated 08.10.2015 passed by the learned Tribunal in the

said Claim Petition.

2.

It was the case of the Claimants before the learned Tribunal that

on 04.07.2012 at about 10.45 PM, the deceased Sh.Bhupender

Kapoor (hereinafter referred to as ‘deceased’) along with his

parents-in-law, his wife, and his child, were returning home to

Ghaziabad in their Maruti Van, which was being driven by the

deceased. The deceased stopped the Van opposite Heera Sweets

near Vikas Marg and came out of the car while waiting for

someone. Suddenly, a Water Tanker bearing registration no. DL-

1GB-4594 (hereinafter referred to as ‘Offending Vehicle’), which

was being driven at a high speed and in a rash and negligent

manner, came from behind and hit the said Maruti Van. Due to

the forceful impact, the rear door of the Maruti Van broke and hit

the deceased. The deceased sustained fatal injuries, and though

he was rushed to the Max Balaji Hospital, he was unfortunately

declared as ‘brought dead’ by the doctors.

3.

Based on the evidence led by the parties before the learned

Tribunal, the learned Tribunal has held that the deceased met his

death due to the Offending Vehicle being driven in a rash and

negligent manner and causing the accident. The learned Tribunal

awarded the following compensation in favour of the Claimants:

SI. No.

On Account of

Amount (Rs.)

1. Loss of dependency

Rs.21,51,908.00

Digitally Signed

By:SUNIL

Signing Date:02.12.2023

16:31:32

Signature Not Verified

MAC.APP. 1010/2015 & MAC.APP. 54/2017 Page 3 of 13

2. Loss of Love and affection

Rs. 1,00,000.00

3. Loss of Consortium

Rs. 1,00,000.00

4. Loss of Estate

Rs. 1,00,000.00

5. Funeral Expenses

Rs. 25,000.00

Total =

Rs.24,76,908.00

4.

The primary challenge of the Insurance Company as also the

Claimants is on the compensation awarded by the learned

Tribunal in favour of the Claimants towards loss of dependency.

INCOME OF THE DECEASED:

Submissions of the learned counsel for the Insurance Company:

5.

The learned counsel for the Insurance Company submits that

from the testimony of the brother of the deceased, namely, Sh.

Jitendra Kapoor (R3W1), it was evident that the business of the

deceased was continuing and was, in fact, flourishing with the

income increasing from Rs.3,43,718/- in the Assessment Year

2012-13 to Rs.6,71,361/- in the Assessment Year 2014-15. He

submits that, therefore, there was no loss of income suffered by

the Claimants due to the death of the deceased in the accident and

consequently, they were not entitled to any compensation

towards loss of dependency. He submits that R3W1, was not

cross-examined by the Claimants and, therefore, his test