Extracted from the PDF above. The PDF is authoritative.
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011906042013 + MAC.APP. 1148/2013
ORIENTAL INSURANCE CO LTD
.....Appellant Through: Mr. Pankaj Seth, Ms. Shruti Jain, Mr. Md. Rehan Ali, Ms. Tanya Jindal, Advocates.
versus
MANJU SHARMA & ORS
.....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R %
14.08.2026
1. This appeal has been filed by appellant/Insurance Company assailing impugned award dated 25th October 2013, passed by the Motor Accident Claims Tribunal, Dwarka Courts, Delhi (‘MACT/Tribunal’), in MACP No.152/2012, whereby compensation of Rs.24,86,226/- along with interest @ 7.5% per annum was awarded (‘impugned award’). 2. Mr. Pankaj Seth, counsel for appellant/Insurance Company, contends that some components of the compensation awarded by the MACT ought to be aligned with the principles enunciated by the Supreme Court in Sarla Verma Vs. DTC, (2009) 6 SCC 121, and National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680. The said components are as under: i. The deceased was 41 years of age on the date of the accident, as stated in paragraph 25 of the impugned award. Accordingly, the future 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 20/08/2026 at 11:14:52
prospects ought to have been granted at 25% and not 30%, since there was no evidence regarding him being in a permanent job. ii. Loss of love and affection ought to be deleted in terms of the decision of the Supreme Court in United India Insurance Co. Ltd. v. Satinder Kaur, (2021) 11 SCC 780. iii. Funeral expenses ought to have been granted at Rs.15,000/-. iv. Loss of estate ought to have been granted at Rs.15,000/-. v. Loss of consortium may be granted at Rs.1,60,000/- (Rs.40,000 × 4), considering that there are four members in the family. 3. The aforesaid contentions raised by Mr. Pankaj Seth, counsel for Insurance Company, are accepted. 4. Accordingly, the compensation is revised as under:
S. NO. HEADS AWARDED BY THE TRIBUNAL AWARDED BY THIS COURT
1. Annual Income of deceased (A) (less income tax) Rs. 1,64,925/- Rs. 1,64,925/-
2. Add Future Prospects (B) Rs. 49,477.5/- [@30%] Rs. 41,231/- [@25%]
3. Less Personal expenses of the deceased (C) (@1/4th) Rs. 53,600.625/- Rs. 51,539/-
4. Annual loss of dependency [D= (A+B)-C] Rs. 1,60,801.975/- Rs. 1,54,617/- 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 20/08/2026 at 11:14:52
5.
Multiplier (E) 14 14
6. Total loss of dependency (Dx12xE = F) Rs. 22,51,226.25/- Rs. 21,64,638/-
7. Compensation for loss of consortium (H) Rs. 1,00,000 Rs. 1,60,000/-
8. Compensation for loss of love and affection (I) Rs. 1,00,000 NIL
9. Compensation for loss of estate (J) Rs. 10,000 Rs. 15,000
10. Compensation towards funeral expenses (K) Rs. 25,000 Rs. 15,000
11. Total compensation (F+G+G+I+J+K = L) Rs. 24,86,226/- Rs. 23,54,638/-
12. Interest 7.5% 7.5%
13. Reduced Amount Rs. 1,31,588/-
Directions
5. For the aforesaid reasons, compensation has been reduced by Rs. 1,31,588/- (‘reduced amount’). 6. The revised compensation shall amount to Rs. 23,54,638/- (‘revised compensation’). 7. Vide order dated 13th December 2013, this Court directed appellant/Insurance Company to deposit the entire awarded compensation, along with up-to-date interest thereon, before the Registrar General of this 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 20/08/2026 at 11:14:52
Court. It was further directed that 80% of the deposited compensation be released in favour of claimants in terms of the directions passed by the Tribunal. 8. The reduced amount (original compensation-revised compensation), along with the accrued interest thereon, shall be refunded to appellant/Insurance Company. 9. The balance amount (after ‘reduced amount’ has been refunded to appellant/Insurance Company), if any, along with accrued interest, be released to the claimants by the Registrar General of this Court through UCO Bank, Delhi High Court Branch, within a period of four weeks as a lump sum, considering the accident in question occurred in 2012, and the appeal was filed in 2013. 10. Accordingly, appeal stands disposed of. 11. Pending application, if any, are rendered infructuous. 12. Statutory deposit, if any, shall be refunded to appellant/Insurance Company. 13.
Order be uploaded on the website of this Court.
ANISH DAYAL, J AUGUST 14, 2026/ak/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 20/08/2026 at 11:14:52