$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 701/2013 & CM APPL. 52692/2025 SHRIRAM GENERAL INSURANCE CO. LTD. .....Appellant Through: Mr. Sameer Nandwani, Adv. versus GEETA & ORS. .....Respondents Through: Mr. Saurabh Kansal, Ms. Pallavi Sharma Kansal, Mr. Suraj Kumar Jha, Advocates for R1 to R3 Mr. J.S Arya and Mr. Munish Nagar, Advs. for R.4 CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 09.03.2026 1. This appeal has been filed by the Insurance Company challenging the impugned award dated 2nd May 2013 passed by Motor Accidents Claims Tribunal [‘MACT’], Rohini Courts awarding Rs. 30,30,000/-, along with interest at the rate of 9% p.a to legal heirs of deceased/Bajinder Yadav. 2. The accident took place on 29th August 2011 by the offending vehicle which had hit the motorcycle of deceased/Bajinder Yadav from behind. Claim petition was filed by legal representatives (‘LRs’) of deceased/Bajinder Yadav and only brother of deceased (PW-1) was produced as an eyewitness. No witnesses were examined by the Insurance Company, owner or driver of offending vehicle in their defence. 3. Counsel for appellant/Insurance Company has challenged the 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 13/03/2026 at 13:16:02 assessment of benchmark income of deceased/Bajinder Yadav whereby, the MACT in paragraph no. 10 had assessed the benchmark income of deceased/Bajinder Yadav Rs.20,000/- per month based on two documents which had been verified by the Investigating Officer (‘IO’) during the preparation of Detailed Accident Report (‘DAR’). 4. The first document was from Fine Photo Art signed by one, Laxmi Prasad dated 13th November 2011, certifying that deceased/Bijender Yadav was working on a part-time basis from 6:00 PM to 9:00 PM as a graphic designer at Rs.8,000/- per month. The second document was issued by one, Mukesh Kumar Aggarwal, dated 25th October 2011 who stated that earlier in 2010-2011, deceased/Bijender Yadav was working on part-time basis for a monthly salary of Rs.6,000/-, however, since 2011 he was a regular employee earning a monthly salary of Rs.12,000/-. 5. The said documents were produced before MACT, as evident from Trial Court Record, as part of DAR proceedings. Moreover, there is nothing on record to controvert this evidence as produced before the MACT. 6. Accordingly, there is no reason as to why this appeal should subsist on the board of this Court. 7. Accordingly, in view of the above, this appeal stands dismissed. 8. Statutory deposit, if any, be refunded to the Insurance Company. 9. Pending application, if any, is rendered infructuous. 10. Order be uploaded on the website of this Court. ANISH DAYAL, J MARCH 9, 2026/sm/sp 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 13/03/2026 at 13:16:02