$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010959752013 + MAC.APP. 1087/2013 RAGHU RAUT & ORS. .....Appellant Through: Ms. Aruna Mehta, Advocate versus RAM PASAD & ORS. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 12.08.2026 1. This appeal has been filed seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, North, Tis Hazari Courts, Delhi [‘MACT/Tribunal’], vide award dated 27th February 2013 in Suit. No. 651/2012, whereby compensation of Rs. 14,12,950/- along with interest @ 9% per annum was awarded. 2. Ms. Aruna Mehta, counsel for the appellant/claimant, seeks enhancement of compensation on two grounds: i. Firstly, considering that the deceased was 25 years of age at the time of the accident, future prospects ought to have been granted at 40% instead of 30%; ii. Secondly, that the benchmark income ought to have been taken at Rs. 10,000/-, based on the testimony of PW-1/Govind Singh, employer of the deceased, and PW-3/Soni, wife of the deceased. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:37:33 3. In view of the principles enunciated by the Supreme Court in Sarla Verma v. DTC, (2009) 6 SCC 121, and National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, future prospects shall be granted at 40% in case of death of a 25-year-old, instead of at 30%, as have been awarded by the MACT. 4. As regards the benchmark income, the testimony of PW-1/Govind Singh, is noted, who stated that the deceased was looking after his ailing father w.e.f., July 2012, up until his death. PW-1/Govind Singh further stated that his father was aged 90 years. He was paying the deceased Rs. 10,000/- per month, and was also providing him clothes, food, and shelter, free of cost. 5. He narrated the details of the accident, as well as the circumstances in which the accident occurred in his testimony. Even during his cross- examination, nothing contrary was elicited by the Insurance Company. This fact is further corroborated by the testimony of wife of the deceased, PW- 3/Soni, who stated that her husband was working in Delhi, and was sending a sum of Rs. 9,000/- for household expenses. Yet again, this evidence was not rebutted by the Insurance Company. 6. Accordingly, the benchmark income of deceased shall be taken at Rs. 10,000/- per month. 7. It is noted that no one has been appearing for the Insurance Company since April 2025, despite notice. 8. As regards the compensation awarded towards funeral expenses, loss of estate and loss of consortium, the same shall also be aligned with the principles enunciated by the Supreme Court in Pranay Sethi (supra). Loss of love and affection shall stand deleted in terms of decision of the Supreme This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:37:33 Court in United India Insurance Co. Ltd. v. Satinder Kaur, (2021) 11 SCC 78. 9. Accordingly, funeral expenses and loss of estate shall be awarded at Rs. 15,000/- each, and loss of consortium shall be awarded at Rs, 1,20,000/- [Rs. 40,000 x 3], considering that there were three family members, namely, father, mother, and widow of the deceased. 10. The revised compensation shall be calculated as under: S. NO. HEADS AWARDED BY THE TRIBUNAL AWARDED BY THIS COURT 1. Monthly income of deceased (A) Rs. 7,254/- Rs. 10,000/- 2. Add Future Prospects (B) Rs. 9,430.2/- [@30%] Rs. 14,000/- [40%] 3. Less Personal expenses of the deceased (C) @ 1/3rd Rs. 3,143.4/- Rs. 4,667/- 4. Monthly loss of dependency [B-C = D] Rs. 6,286.8/- Rs. 9,333/- 5. Annual loss of dependency (Dx12) Rs. 75,441.6/- Rs. 1,11,996/- 6. Multiplier (E) 18 18 7. Total loss of dependency (Dx12xE = F) Rs. 13,57,949/- Rs. 20,15,928/- 8. Loss of love and affection (G) Rs. 25,000/- NIL This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:37:33 9. Compensation for loss of consortium (H) Rs. 10,000/- Rs. 1,20,000/- 10. Compensation for loss of estate (I) Rs. 10,000/- Rs. 15,000/- 11. Compensation towards funeral expenses (J) Rs. 10,000/- Rs. 15,000/- 12. Total compensation (F+G+H+I+J = K) Rs. 14,12,950/- (rounded off) Rs. 21,65,928/- 13. Interest 9% 9% 14. Enhanced amount Rs. 7,52,978/- Directions 11. For the aforesaid reasons, compensation stands enhanced by Rs. 7,52,978/- [“enhanced amount”]. 12. Enhanced amount along with 9% interest per annum from the date of filing the petition, shall be deposited before MACT within a period of six weeks. It is directed that a lump sum amount of Rs. 2,00,000/- shall be released in favour of the claimants from the deposit of enhanced amount within a period of two weeks thereafter. Remaining enhanced amount, along with accrued interest, shall be kept in Fixed Deposit Receipts [‘FDRs’] of Rs. 20,000/- each for periods of 1 month, 2 months, 3 months and so on, in succession as maybe calculated. Interest accruing on said FDRs shall be credited to the designated Savings Bank Account of claimants. The amount of FDRs on maturity would be released to the Savings Bank Account of claimants upon due verification. 13. The originally awarded amount along with accrued interest, if not already released, shall be disbursed in favour of the claimants in accordance This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:37:33 with the scheme contained in the impugned award. 14. Appeal is, accordingly, disposed of. 15. Pending applications, if any, are rendered infructuous. 16. Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 12, 2026/RK/ya This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:37:33