The Oriental Insurance Co Ltd vs Champa Gupta & Ors

$~7 & 70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of decision: 29 October 2026
# CNR No. DLHC012789692016
+ MAC.APP. 906/2016
THE ORIENTAL INSURANCE CO LTD .....Appellant
Through: Mr. Pradeep Gaur, Advocate.

versus

CHAMPA GUPTA & ORS .....Respondent
Through: Mr. Jatinder Kamra, Advocate.
70

# CNR No. DLHC011523422017
+ MAC APP. 327/2017

CHAMPA GUPTA & ORS .....Appellant
Through: Mr. Jatinder Kamra, Advocate.

versus

THE ORIENTAL INSURANCE CO LTD .....Respondent
Through: Mr. Pradeep Gaur, Advocate.

CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT

ANISH DAYAL, J (ORAL)

1. These cross-appeals have been filed challenging the compensation
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awarded by impugned judgment dated 02 July 2016 awarding Rs.
Signature Not Verified

MAC.APP. 906/2016 & MAC.APP. 327/2017 Page-1/6

Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:04.11.2026
18:08:09

25,35,000/- along with 9% interest, by Motor Accidents Claims Tribunal,
North Rohini Court (‘ MACT/Tribunal ’), in Suit No. 144/2014. MAC.APP.
906/2016 has been filed by the Insurance Company seeking reduction of
compensation and MAC APP. 327/2017 has been filed by the legal
representatives (‘ LRs ’) of deceased- Chand Lal Gupta (hereinafter,
‘ claimants ’ ).
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2. The accident occurred on 19 May 2014 in front D-39, main crossing
of Sector-4, DSHDC Bawana, Delhi, where the deceased- Chand Lal Gupta
was driving a scooter and was hit by a speeding car bearing number HR-
13D-7935 (hereinafter, ‘ offending vehicle ’). He was taken to Maharishi
Valmiki Hospital and was declared as brought dead.
3. Mr. Pradeep Gaur , counsel for Insurance Company, has challenged
the quantum of compensation on two counts: firstly , that the age of
deceased ought to have been taken as 56 years on the basis of the age
depicted in the voter ID card, whereas, it was considered at 47 years by the
MACT, basis the statement made by the wife of deceased (‘ PW1 ’);
secondly , that the monthly income of deceased was wrongly assessed at Rs.
15,000/- per month, despite there being no evidence of the same.
4. As regards the first contention, Mr. Jatinder Kamara , counsel for
claimants, objects to the same and has drawn attention of the Court to the
ration card, as per which the year of birth of deceased was 1965 and
therefore, he would have been 49 years of age on the date of accident in
2014. Mr. Kamra , has also handed over a life insurance policy document
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for additional appreciation, which also shows his date of birth as 15 May
1965. Taking this into account, the multiplier which has been assessed by
the MACT is retained at ‘13’.
5. As regards the income of deceased, it had been stated by PW1 that
Signature Not Verified

MAC.APP. 906/2016 & MAC.APP. 327/2017 Page-2/6

Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:04.11.2026
18:08:09

her husband was a manufacturer of steel welding items/articles and was
running a business in the name of Gupta Fabricators earning about
Rs.25,000/- per month and contributing Rs.15,000/- Rs.20,000/- per month
towards household expenses.
6. Relying upon this statement, income was considered at Rs. 15,000/-
by the MACT, being the lower end of that figure, as contribution of
deceased to the family.
7. Mr. Gaur , contends that since there was no proof filed regarding his
income, minimum wages ought to have been taken.
8. Mr. Kamra , however, draws attention of the Court to various
documents which were filed, including invoices in the name of Gupta
Fabricators and Vikas Fabricators (which was the subsequent name), as
also the purchase/rent receipts of various equipment, which had been filed.
MACT had taken note of these invoices and noted that it was unclear
whether the deceased was the owner/proprietor of the unit, since the
documents had been signed in his name.
9. In this regard, reliance may be placed upon the decision of this
Court in Savita and Ors. v. National Insurance Company ,
2026:DHC:3626, where this Court has culled out principles for assessment
of notional income. It was held that in cases of lack of documentary proof,
reliance may be placed upon testimonies and other documents.
Additionally, minimum wage benchmark of an appropriate category may
be considered, not restricted to the lowest category. The entire assessment
is ultimately imbued with an element of approximation and guesswork, as
part of the inquiry proceedings and not on exactitude.
10. Accordingly, considering the nature of work performed by the
deceased as a steel manufacturer, the Court is inclined to take minimum
Signature Not Verified

MAC.APP. 906/2016 & MAC.APP. 327/2017 Page-3/6

Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:04.11.2026
18:08:09

wages of a skilled worker, which were Rs. 10,374/- as on that date.
11. Mr. Jatinder Kamara , counsel for claimants, on other hand, has
sought enhancement on account of future prospects having not been
awarded to the deceased and compensation towards loss of consortium
having not been awarded towards all claimants.
12. In this regard, the Court is inclined to accept Mr. Kamara’s plea and
align the various heads in consonance with principles enunciated under
National Insurance Co. Ltd. v. Pranay Sethi , (2017) 16 SCC 680.
Therefore, future prospects will be awarded at 25%, since the deceased was
working in a private job.
13. As regards deduction of personal expenses, Mr. Gaur , states that
since the son of deceased was 27 years of age and the daughter of deceased
was 24 years of age, they shall not be considered as dependents. However,
there has been no cross-examination of PW1 to the extent that that the
daughter was not dependent on the income of her deceased father.
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Accordingly, personal expenses will be deducted at 1/3 .
14. Loss of love and affection has been subsumed under the head of loss
of consortium, which will be considered at Rs. 1,60,000/- ( 40,000/- x 4 ) and
loss of estate and funeral expenses will be readjusted at Rs. 15,000/- each.
15. The revised compensation shall be as under:
S.
No.
Heads Awarded by the
Tribunal
Awarded by this
Court
1 Income of deceased (A) Rs. 15,000/-

Rs. 10,374/-
2 Add: Future Prospects (B) Nil Rs. 2,593.5/-
3 Less: Personal expenses of
deceased (C)
Nil Rs. 4,322.5/-
4 Loss of dependency (A+B)-C=
(D)
Rs. 15,000/- Rs. 8,645/-
Signature Not Verified

MAC.APP. 906/2016 & MAC.APP. 327/2017 Page-4/6

Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:04.11.2026
18:08:09

5 Annual loss of dependency (D x
12) = (E)
Rs. 1,80,000/- Rs. 1,03,740/-
6 Multiplier (F) 13 13
7 Total loss of dependency (E x F)
= (G)
Rs. 23,40,000/- Rs. 13,48,620/-
8 Compensation for loss of
consortium (H) (40,000x4)
Rs. 50,000/- Rs. 1,60,000/-
9 Compensation for loss of estate
(I)
Rs. 20,000/- Rs. 15,000/-
10 Compensation towards funeral
expenses (J)
Rs. 25,000/- Rs. 15,000/-
11 Compensation for loss of love
and affection (K)
Rs. 1,00,000/- Nil
12 Total compensation
(G+H+I+J +K)= (L)
Rs. 25,35,000/-

Rs. 15,38,620/-
13 Rate of Interest Awarded 9% 9%
14 Reduced Compensation Rs. 9,96,380/-

Directions
16. Accordingly, the compensation has been reduced by Rs. 9,96,380/-
(‘ reduced compensation ’).
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17. By order dated 26 October 2016, this Court had directed the
Insurance Company to deposit Rs. 15,00,000/- along with accrued interest
before the UCO Bank, Delhi High Court Branch and thereupon a stay on
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the execution of the award. Thereafter, by order dated 10 February 2017,
50% of the compensation amount was released in favour of claimants, as
per the directions given in the impugned award.
18. Accordingly, if the amount originally deposited by Insurance
Company is less than the revised compensation, balance amount along with
accrued interest will be deposited by the Insurance Company before the
UCO Bank, Delhi High Court Branch within 4 weeks, which will be
released as lumpsum to claimants within 2 weeks thereafter. Originally
deposited amount shall continue to be released to claimants as per the
Signature Not Verified

MAC.APP. 906/2016 & MAC.APP. 327/2017 Page-5/6

Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:04.11.2026
18:08:09

directions given in the impugned award.
19. Accordingly, the appeals are disposed of. Pending applications (if
any) are rendered infructuous.
20. Statutory deposit, if any, be refunded to Insurance Company, only if
the order of deposit has been complied with.
21. Copy of this judgment be sent to the concerned bank for information
and compliance.
22. Judgment be uploaded on the website of this Court.

(ANISH DAYAL)
JUDGE
OCTOBER 29, 2026/ rk / sp
Signature Not Verified

MAC.APP. 906/2016 & MAC.APP. 327/2017 Page-6/6

Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:04.11.2026
18:08:09