* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on:3^rd February, 2025 + MAC APPL. NO. 540/2018 & CM APPL. 23941/2018

1. NATIONAL INSURANCE CO. LTD.

National Legal Vertical, 2E/9, Jandewalan Extension, New Delhi-110055.

..... Appellants Through: Mr. Arihant Jain & Mr. Mayank Ranjan Yadav, Advocates versus

1. NARESH GUPTA S/o Late Radhey Shyam

2. AJAY GUPTA S/o Late Radhey Shyam Both R/o 108-A, Rajinder Park Extension, Nangloi, Delhi.

3. SANTOSH W/o Krishan Kumar Garg, R/o 151, Pocket D-16, Sector-03, Rohini, Delhi.

4. BHOLA RAM S/o Sh, Suva Lal, R/o Village Lulwa, Masuda, Distt. Ajmer, Rajasthan

5. MANJU DEVI Signature Not Verified MAC. APP. 540/2018 & MAC.APP. 91/2020 Page 1 of 17 DigitallySigned By:VIKAS W/o Shri Sunil Kumar R/o C-39, Aggarsen Bhawan, Ajmer Road, M.G. Kishan garh, Rajasthan.

Distt. Ajmer, Rajasthan ......Respondents Through: Mr. Himanshu Jawa, Advocate.

+ MAC APPL.NO.91/2020 & CM APPLs. 6957/2020, 6958/2020

1. NARESH GUPTA S/o Late Radhey Shyam

2. AJAY GUPTA S/o Late Radhey Shyam Both R/o 108-A, Rajinder Park Extension, Nangloi, Delhi.

3. SANTOSH W/o Krishan Kumar Garg, R/o 151, Pocket D-16, Sector-03, Rohini, Delhi. ..... Appellants Through: Mr. Himanshu Jawa, Advocate.

versus

1. NATIONAL INSURANCE CO. LTD.

124, Neevan Bharti Building, Connaught Place, New Delhi-110001.

2. BHOLA RAM S/o Sh, Suva Lal, R/o Village Lulwa, Masuda, Signature Not Verified MAC. APP. 540/2018 & MAC.APP. 91/2020 Page 2 of 17 DigitallySigned By:VIKAS Distt. Ajmer, Rajasthan

3. MANJU DEVI W/o C-39, Aggarsen Bhawan, Ajmer Road, M.G. Kishan garh, Rajasthan.

2^nd Address I/F, Dr. K.C. Chaodhary, Gayanti Nagar, Beawer, Ajmer, Rajasthan ..... Respondents Through: Mr. Arihant Jain & Mr. Mayank Ranjan Yadav, Advocates for R-1.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. An Appeal bearing MAC. APP. 540/2018 under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Insurance Company to challenge the Award dated 08.03.2018 vide which a compensation in the sum of Rs.8,45,517/- along with interest @ 9% has been granted to the Claimants on account of the demise of Smt. Geeta Devi, aged 64 years old, in a road accident, on 15.11.2013.

2. Briefly stated, on 15.11.2013 at about 09:00 A.M. deceased Smt. Geeta Devi along with Harish, Abhishek, Shreya, Sonia and Santosh were travelling in Santro Car which was being driven by Shri Manish. When the car reached Sampla, Jhajjar, Haryana, a Tralla bearing registration No.RJ- 36GA-2321 which was being driven by its driver Bhola Ram, came from the opposite side and hit the car. Consequently, Smt. Geeta Devi, Manish and Signature Not Verified MAC. APP. 540/2018 & MAC.APP. 91/2020 Page 3 of 17 DigitallySigned By:VIKAS Sonia died on the spot, while Harish, Abhishek, Shreya and Santosh suffered grievous injuries. Smt. Geeta Devi was admitted in the hospital, however, during her treatment, she died on 21.11.2013.

3. FIR No.749/2013 u/s. 279/337/304A IPC 1860 was registered at PS Jhajjar, Haryana, against the Driver/ Sh. Bhola Ram.

4. The Claim Petition u/s. 166 and 140 of Motor Vehicles Act, 1988 was filed by the Claimants i.e. the two major sons and married daughter of the deceased seeking compensation on account of demise of their mother /Smt Geeta Devi in the road accident dated 15.11.2013.

5. The Ld. Tribunal awarded compensation in the sum of Rs. Rs.8,45,517/- along with interest @ 9% vide the Impugned Award dated

08.03.2018.

6. The Insurance Company has challenged the Award on the following grounds:

i. that the claimants are the two major sons and married daughter of the deceased and were not dependent upon the deceased; and ii. that the deduction on account of personal expenses should have been as 50%, while no amount has been deducted.

7. Learned counsel on behalf of the respondents/Claimants has contended that even though the sons were major, but it cannot be said that they had no dependency on their mother. Moreover, the compensation stands correctly assessed a