$~14 & 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11^th December, 2024 + MAC.APP. 798/2018, CM APPL. 36201/2018 HDFC ERGO GENERAL INSURANCE CO. LTD Through its Regional Office

5^th Floor, Tower I, Stellar IT Park, C-25, Sector-62, Noida-201301.

.....Appellant Through: Mr. A.K. Soni, Advocate.

versus

1. RAJ KUMARI (Mother)

W/o Sh. M.P. Singh

2. M.P. SINGH (Father)

S/o Sh. Narayan Singh Both R/o H.No.13/1194, Vasundhra, Sector-13, Indrapuram, Vasundhra, Ghaziabad, U.P.

3. DIVYANSH SINGH (Driver)

S/o Sh. Vijay Pal Singh R/o D-32/4, Gali No.11, Gamri Extension, Shahdara, Delhi.

4. VIJAY PAL SINGH (Owner)

S/o Late Sjh. Roshan Lal R/o H.No.13/1183, Vasundhra, Sector-13, Indrapuram, Vasundhra, Ghaziabad, U.P. .....Respondents Through: Mr. Rajeev Sood, Advocate for R-1 and R-2.

Signature Not Verified Digitally Signed MAC APP. 798/2018 & MAC APP. 942/2018 Page 1 of 9 + MAC.APP. 942/2018

1. RAJ KUMARI W/o Sh. M.P. Singh 2. M.P. SINGH S/o Sh. Narayan Singh Both R/o H.NO.13/1194, Vasundhra, Sector 13, Indrapuram, Vasundhra, Ghaziabad, U.P.-201012. .....Appellants Through: Mr. Rajeev Sood, Advocate.

versus

1. DIVYANSH SINGH (Driver)

S/o Sh. Vijay Pal Singh R/o D-32/4, Gali No.11, Gamri Extension, Shahdra, Delhi-110053.

2. VIJAY PAL SINGH (Owner)

S/o Sh. Roshan Lal R/o H.No.13/1183, Vasundhra, Sector 13, Indrapuram, Vasundhra, Ghaziabad, U.P.201012.

3. M/S HDFC ERGO GENERAL INSURANCE CO. LTD Through its Manager

14, Amba Deep Building, K.G. Marg, New Delhi-110001.

.....Respondents Through: Mr. A.K. Soni, Advocate.

CORAM:

Signature Not Verified Digitally Signed MAC APP. 798/2018 & MAC APP. 942/2018 Page 2 of 9 HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (Oral)

1. The MAC.APP. 798/2018, has been filed on behalf of the Insurance Company under Section 173 of the Motor Vehicle Act, 1988 against the Impugned Award dated 11.07.2018 vide which the learned Tribunal has awarded a compensation in the sum of Rs.3 4,86,000/- along with interest @ 9% per annum to the parents of the deceased Shri Bhupesh Kumar, aged 24 years, who died in a road accident on 06.05.2017.

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

(i) That the prospective/potential income of the deceased been assessed as Rs. 40,000/- and after deductions of Income Tax as Rs. 32,000/-, even though the Claimants themselves have asserted the prospective income to be Rs.30,000/.

3. Learned counsel on behalf of the Respondent/Claimant, has countered the arguments of the Insurance Company by asserting that the deceased was qualified B.Tech and the prospective income has been rightly calculated.

4. The Cross Appeal MAC.APP. 942/2018 has been filed by the Claimants seeking enhancement of compensation amount on the following grounds: -

(i) the tax liability at best was 3% and not Rs.8,000/- as has been deducted by the Tribunal; and (ii) no future prospects to the tune of 40% have been granted in the light of the judgment of National Insurance Co. Ltd. v.

Signature Not Verified Digitally Signed MAC APP. 798/2018 & MAC APP. 942/2018 Page 3 of 9 Pranay Sethi, (2017) 16 SCC 680.

5. Submissions heard and record perused.

6. Briefly stated, on 06.05.2017, Bhupesh Kumar was travelling along with his other friends Piyush, Dron, Divyansh and Ashutosh, as occupants in the Mahindra XUV 500 No. UP 14 CKB 8145. The Driver Divyansh was driving the vehicle in a rash and negligent manner, at a very high speed and he could not control the car which fell down in Ganda-Nala after breaking the wall and grill. Though the police took out the car from the drain/Canal however, Bhupesh Kumar could not be saved and he died on the spot.

7. The FIR u/s. 279/304A IPC 1860 was registered against the Driver/

Divyansh at P.S. Indrapuram.

8. The Claim Petition was filed by the Claimants i.e. the parents of the deceased and vide the Impugned Award dated 11.07.2018 the learned Tribunal has awarded a compensation in the sum of Rs.34,86,000/- along with interest @ 9% per annum.

Loss of Dependency: -

Income of