MAC.APP. 360/2013

Page 1 of 9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on : 01.09.2022

Pronounced on: 07.09.2022

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MAC.APP. 360/2013

UNITED INDIA INSURANCE CO. LTD. ..... Appellant

Through:

Mr. Ravi Sabharwal, Advocate

versus

SURESH & ORS.

..... Respondents

Through:

Mr. S. N. Parashar, Advocate for

R- 1 to 4

Ms. Avnish Ahlawat, Standing

Counsel with Mr. Nitesh Kumar

Singh, Ms. Tania Ahlawat, Ms.

Palak Rohmetra, Ms. Laavanya

Kaushik and Ms. Aliza Alam,

Advocates for DTC

CORAM:

HON’BLE MR. JUSTICE GAURANG KANTH

J U D G M E N T

GAURANG KANTH, J.

1.

The present appeal has been preferred by the Appellant under

Section 173 of the Motor Vehicles Act, 1988 against the Award

dated 20.02.2013 passed in Suit No. 591/2012 by the Court of

learned

Presiding

Officer,

Motor

Accident

Claims

Tribunal/(North)/Tis Hazari Courts, Delhi (hereinafter referred

to as “Impugned Award”).

2.

By way of the impugned Award dated 20.02.2013, the learned

Tribunal Awarded a compensation of Rs. 13,85,344/- with

interest @ 9% per annum from the date of filing of the claim

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003527

MAC.APP. 360/2013

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petition till realization of the same and held that the Insurance

Company shall pay the awarded compensation to the claimants.

3.

Mr. Ravi Sabharwal learned counsel for the Appellant while

placing reliance on the dicta of Hon’ble Supreme Court in

National Insurance Co. Ltd. Vs Pranay Sethi & Ors. reported

as 2017 AIR (SC) 5157, contended that an addition of 25% of

the established income of the deceased should be granted under

the head „Future Prospects‟. He further contended that the

Hon‟ble Supreme Court in Pranay Sethi (Supra) upholds the

deduction ascertained in the case of Sarla Varma & Ors. Vs

DTC & Anr. reported as (2009) 6 SCC 121 taking into account

the age of the deceased and as such a deduction of 1/3 under

the head „Personal and Living Expenses‟ is to be made. He

fairly conceded that compensation @ Rs. 40,000/- per legal

heir is to be paid under the head „Loss of Consortium‟. He

further stated that compensation with respect to „Funeral

Expenses‟ and „Loss of Estate‟ is also to be granted in terms of

judgment of Pranay Sethi (Supra).

4.

Mr. S. N. Parashar learned counsel appearing on behalf of

respondent Nos. 1 to 4/claimants agreed to the computation

referred to by Mr. Ravi Sabharwal, Advocate.

5.

The arguments raised by the learned counsel for the parties are

purely legal and based on the law settled by the Hon‟ble Apex

Court. The Hon‟ble Apex Court in the case of Pranay Sethi

(Supra) has held as under: -

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003527

MAC.APP. 360/2013

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“54. As far as the conventional heads are concerned,

Therefore, we think it seemly to fix reasonable sums. It

seems to us that reasonable figures on conventional

heads, namely, loss of estate, loss of consortium and

funeral expenses should be Rs. 15,000/-, Rs. 40,000/-

and Rs. 15,000/- respectively. The principle of

centric. We think that it would be condign that the

amount that we have quantified should be enhanced

on percentage basis in every three years and the

enhancement should be at the rate of 10% in a span

of three years.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003527

MAC.APP. 360/2013

Page 4 of 9

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003527

MAC.APP. 360/2013

Page 5 of 9

particular pattern of life, etc., an addition of 40% of

the established income of the deceased towards future

prospects and where the deceased was below 40 years

an addition of 25% where the deceased was between

the age of 40 to 50 years would be reasonable.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003527