* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 16^th January 2026 Pronounced on : 1^st April 2026 Uploaded on : 02^nd April 2026 + MAC.APP. 814/2013 IFFCO TOKIO GEN. INS. CO. LTD .....Appellant Through: Mr. Brijesh Bagga Advocate & Ms.

Mouli Sharma, Advs.

versus SH ANIL KUMAR KAUSHIK & ORS .....Respondents Through: Mr. S.N. Parashar, Advocate with Mr. Ritik Singh, Advocate for R-

1.

Mr. Syed Hasan Isfahani & Uday Singh Advocate for Respondent No.2 + MAC.APP. 288/2017 ANIL KUMAR KAUSHIK .....Appellant Through: Mr. S.N. Parashar, Advocate with Mr. Ritik Singh, Advocate.

versus IFFCO TOKIO GENERAL INS CO LTD & ORS .....Respondents Through: Mr. Brijesh Bagga Advocate & Ms.

Mouli Sharma, Advs.

Mr. Syed Hasan Isfahani & Uday Singh Advocate for Respondent No.2 CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

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ANISH DAYAL, J.

1. These are cross appeals being MAC APP. 814/2013 filed by Insurance Company and MAC APP. 288/2017 filed by claimant for enhancement of compensation both in respect of the impugned award dated 01^st June 2013 passed by Motor Accidents Claims Tribunal [‘MACT’], Saket, New Delhi (hereinafter, ‘Tribunal’) whereby Rs. 26,55,000/- alongwith interest at the rate of 9% per annum was awarded to the legal representative (‘LR’) of deceased/claimant. While the Insurance Company seeks reduction of compensation, claimant seeks enhancement. The Incident

2. On 30^th April 2010, at about 07:30 p.m. Rahul Kaushik (hereinafter, ‘deceased’), was travelling on his cycle to attend coaching classes and upon reaching Jat Samaj Road, Talwandi Kota, Rajasthan, a motorcycle bearing no. RJ-20-SG-0678 driven in a rash and negligent manner by respondent no.2/driver hit him, as a result of which he fell down from his bicycle and sustained head injuries. He was removed to Maitrey Hospital, Kota and, thereafter, transferred to Sehgal Nursing Home, Kailash Colony, New Delhi and then to Paras Hospital, Haryana where he succumbed to his injuries on 19^th October 2010. At the time of accident, deceased was 17 years of age and a student of Class XII.

3. FIR No. 128/2010 was registered at PS Kota City, Jawahar Nagar, Rajasthan under Sections 279/337 of Indian Penal Code, 1860 (‘IPC’) and claim petition was filed by Anil Kumar Kaushik/father of deceased (claimant herein) and Pratibha Kaushik/mother of deceased who passed away during the proceedings and was subsequently deleted from the array of parties. Offending vehicle was being driven by respondent no.2/Anshul Jain and was owned by respondent no.3/Ranchor Aggarwal.

Impugned Award

4. Anil Kumar Kaushik/father of deceased examined himself as PW- 1, Record Clerk of Maitrey Hospital, Kota was examined as PW-2 Deputy Manager, Medical Radiation Technologist (‘MRT’) of Paras Hospital, Haryana was examined as PW-3, accountant at Sehgal Nursing Home, Kailash Colony was examined as PW-4 and eye witness, Dinesh Sharma was examined as PW-5. No witnesses were examined by respondents therein.

5. Deceased was a bachelor and it was stated that besides studying in Class XII, deceased was taking tuitions and earning Rs. 40,000/- per annum, since he was a brilliant student.

6. On the issue of causation, Tribunal held that on the basis of the testimony of PW-1 and documents placed, claimant had established that the deceased died due to rash and negligent driving of offending vehicle.

7. Compensation awarded by Tribunal is as under:

1) Medical Expenses = Rs.18,40,500/- 2) Loss Of Dependency = Rs. 7,54,500/- 3) Loss Of Love and Affection = Rs. 25,000/- 4) Funeral Expenses = Rs. 25,000/- 5) Loss Of Estate = Rs. 10,000/-

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TOTAL Rs. 26,55,000/-

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Contentions of the Parties

8. Insurance Company has challenged the impugned award on 3 counts - first is on the calculation of loss of dependency, that since mother of deceased had passed away during the pendency of claim petition, there was no dependent, as the father of deceased was not dependent on the income of deceased; second, that future prospects were wron