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2026 DAILYLAW 18052 (DEL)

TATA AIG GENERAL INSURANCE COMPANY LTD. v. ROSHAN KHATOON & ORS.

MAC.APP./599/2026 · 2026-09-14

Anish Dayal

body2026

Judgment text

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$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010433822026 + MAC.APP. 599/2026 & CM APPL. 62283/2026 TATA AIG GENERAL INSURANCE COMPANY LTD. .....Appellant Through: Mr. Vaibhav Singh, Mr. Ashish Kumar, Ms. Simran Verma & Mr. Naveen, Advs. versus ROSHAN KHATOON & ORS. .....Respondents Through: appearance not given. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 14.09.2026 CM APPL. 62284/2026 1. Exemptions allowed, subject to all just exceptions. 2. The application stands disposed of. CM APPL. 62282/2026 1. This is an application filed seeking condonation of delay of 10 days in refiling the appeal. 2. For the reasons stated in the application, the delay of 10 days in refiling the appeal is condoned. 3. The application is disposed of. 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 17/09/2026 at 11:43:12 MAC.APP. 599/2026 1. This appeal has been filed by the Insurance Company challenging the award dated 02nd July 2026 passed by MACT, North District, Rohini Courts, Delhi in MACT No. 141/23, whereby compensation of Rs. 31,58,872.80/- was awarded along with interest at 9% per annum. 2. The accident in question occurred on in an accident which took place on 19th August 2022, which resulted in the death of a 16-year-old minor who was crushed by a truck, the offending vehicle. 3. Firstly, As regards the grounds relating to the calculation of loss of dependency in the case of the death of a minor, the issue has already been considered by this Court in Rubi Devi & Anr. v. The New India Assurance Co. Ltd. & Ors. 2026:DHC:3674, and therefore does not require further consideration. 4. The contention of the Insurance Company in that regard is therefore unsustainable. 5. Secondly, Mr. Vaibhav Singh, counsel for Insurance Company, contends that the MACT has awarded interest at the rate of 9% per annum for an accident that occurred in the year 2022, which is on the higher side. 6. Reliance is placed on the principles enunciated in Kaushnuma Begum (Smt.) & Ors. v New India Assurance Co. Ltd. & Ors. (2001) 2 SCC 9. 7. Considering that, on the date of the accident, the prevailing rate of interest was 7.5% per annum, the rate of interest awarded by the MACT is modified from 9% to 7.5% per annum. 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 17/09/2026 at 11:43:12 8. The awarded compensation, along with interest at 7.5% per annum, be deposited, if not so deposited, by the Insurance Company with the MACT within 4 weeks. 9. Counsel appearing for the claimant states that they have also filed an appeal, being MAC. APP. 497/2026, seeking release of the awarded amount, as the learned MACT had directed release of only a sum of Rs. 48,000/- in favour of the father of the deceased and had deferred further disbursement awaiting recording of the mother's statement under Clause 29 of the Modified Claims Tribunal Agreed Procedure (‘MCTAP’). MAC.APP. 497/2026 is now listed on 7 October 2026. 10. Accordingly, the appeal is disposed of in the above terms. 11. Pending application is rendered infructuous. 12. Statutory deposit, if any, be refunded to the appellant. 13. Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 14, 2026/ng/bp 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 17/09/2026 at 11:43:12