Meera Yadav And Anr vs HDFC Ergo General Insurance Co Ltd And Ors

Anish Dayal, J

Mr. Rajeev M. Roy appears on behalf of the Insurance Company/R-1, pursuant to previous order of 24th February 2026.

Since  only  two issues  have  been  raised  by  both  sides  in  this  matter, in the opinion of the Court, the matter can be decided.

The  appeal  has  been  filed  assailing  the  award  dated  23rd December 2025, passed by Motor Accident Claims Tribunal, South-West, Dwarka Courts(‘MACT/Tribunal’)in  MACT  No.  959/2018,  awarding  an  amount of Rs. 22,16,000 along with 7.5% per annum interest

The accident occurred on 14th September 2018 at about 12:30 A.M., when the deceased was returning from Gurugram in his Car to his residence at Palam, New Delhi, truck bearing registration no. No.HR-73A-9251  came  from  behind  and  collided  with  the  deceased  car.  The  deceased sustained grievous injuries were taken to Civil Hospital, Gurugram. The doctors declared him dead. Criminal proceedings were initiated and the claim petition for compensation was filed.

The main concern of the counsel for the appellant relates to the application of the minimum wages of a skilled worker. Counsel for the appellant contends that the minimum wages of a  skilled worker  applicable in Delhi ought to be taken for the purpose of computation of income of the deceased; however, the Tribunal has applied the minimum wages of a skilled worker as applicable in Haryana, i.e. Rs. 10,328.83 per month at the time of the accident.

Counsel for the appellant pointed out that, as per the Aadhaar Cards placed on record of the mother, father, and the deceased, which are also filed in this petition, the address mentioned is Raj Nagar, Part-II, Near DDA Park, Palam Colony, New Delhi-110077.

Even the  affidavit  filed on behalf of the mother,  Smt. Meera Yadav, along with the appeal, shows her residence as Raj Nagar, Part-II, Near DDA Park, Palam Colony, New Delhi-110077, and the same address is reflected in the affidavit filed by father of the deceased, Sh. Maharaj Singh Yadav.

In the facts and circumstances of the case and considering the evidence adduced, this Court does not consider it necessary to further deliberate on this issue; accordingly, minimum wages of a skilled worker, as applicable  at  the  time  of  the  accident,  being  Rs.  17,991/-  per  month, shall be considered.

Counsel for the Insurance Company has raised an issue regarding the deduction of 1/3rd towards personal expenses by the MACT, despite the deceased being a bachelor. He contends that in terms of principles enunciated  in  National  Insurance  Co.  Ltd.  v.  Pranay  Sethi  & Ors  (2017) 16 SCC 680, a deduction of 50% towards personal expenses ought to have been made.

In light of the submissions advanced by counsel for the Insurance Company and the settled legal position, 50% shall be deducted towards personal expenses.

Counsel for the appellant raises another issue regarding the modification of the interest awarded at the rate of 7.5% per annum. However, the same is not being considered, as the Court finds no reason to interfere with the findings of the Tribunal in this respect, interest rate being reasonable and appropriate.

The revised computation is as under:

S.

No.

Heads

Awarded by the Tribunal

Awarded by this Court

1

Monthly Income of deceased (A)

Rs.10,328.83/-

Rs. 17,991/-

2

Add: Future Prospects (B) (40%)

Rs.4,131.532/-

Rs. 7,196.40/-

3

Less: Personal expenses of deceased (C)

1/3 of 14,460.362 =Rs.4,820.12/-

1/2 of 25,187.40 = Rs.12,593.70/-

4

Monthly Loss of dependency (A+B)-C=D

Rs.9,640.23/-

Rs. 12,593.70/-

5

Annual loss of dependency (Dx12)= (E)

Rs.1,15,682.76/-

Rs. 1,51,124.40/-

6

Multiplier (F)

18

18

7

Total loss of dependency (ExF) = (G)

Rs.20,82,289.68/-

Rs. 27,20,239.20/-

8

Compensation for loss of consortium (H)

Rs.96,800/-

(48,400 x 02)

Rs.96,800/- (48,400 x 02)

9

Compensation for loss of estate (I)

Rs.18,150/-

Rs.18,150/-

10

Compensation towards funeral expenses (J)

Rs.18,150/-

Rs.18,150/-

11

Total compensation (G+H+I+J)=K

Rs.22,15,389.68/- which is rounded

of to Rs.22,16,000/-.

Rs. 28,53,339.20/- Which is rounded off to Rs. 28,53,400/-

12

Rate of Interest Awarded

7.5% per annum

7.5% per annum

Accordingly, the appeal stands disposed of.

Enhanced  compensation,  along  with  interest  at  the  rate  of 7.5%  per annum from the date of filing, shall be deposited before the Tribunal within 6 weeks and shall be apportioned and disbursed in terms of the scheme directed in the impugned award.

Judgment be uploaded on the website of this Court.