Facts
On November 20, 2013, Smt. Meenu Verma and Smt. Madhu Verma were killed while crossing the Delhi-Meerut Highway to reach a petrol pump.
Source reference: p. 2-3Their husbands (claimants) witnessed a bus belonging to the Appellant (Meerut City Transport) striking them at high speed.
Source reference: p. 3, 6-7The Motor Accident Claims Tribunal (MACT) awarded compensation on February 27, 2016, which the Appellant challenged on grounds of contributory negligence, asserting the deceased crossed a highway at night in a non-designated area.
Source reference: p. 3-4The claimants filed cross-appeals seeking enhanced compensation, specifically regarding future prospects and interest rates.
Source reference: p. 3-4, 9Issues
1. Whether the deceased victims were guilty of contributory negligence by crossing the highway at night.
Source reference: p. 4 / para. 42. Whether the claimants are entitled to 40% future prospects and a revision of the interest rate awarded by the Tribunal.
Source reference: p. 4 / para. 63. Whether the income of the deceased was correctly assessed based on ITRs and guest teacher honorariums.
Source reference: p. 8, 12Law Applied
The court applied Section 171 of the Motor Vehicles Act regarding the grant of interest.
Source reference: p. 10 / para. 28It relied on National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 to award 40% future prospects for victims below 40 years.
Source reference: p. 4, 10Regarding the deduction for personal expenses, it followed Sarla Verma v. DTC (2009) 6 SCC 121, holding that 1/3rd deduction is appropriate for married persons with dependents.
Source reference: p. 14 / para. 45-46For interest rates, it followed Kaushnuma Begum v. New India Assurance Co. Ltd. (2001) 2 SCC 9, which links interest to bank fixed deposit rates.
Source reference: p. 10 / para. 28Finally, United India Insurance Co. Ltd. v. Satinder Kaur (2021) 11 SCC 780 was applied to subsume "loss of love and affection" into "loss of consortium".
Source reference: p. 10 / para. 31Reasoning
The Court rejected the plea of contributory negligence, noting the site plan showed the deceased had almost completed the crossing and were walking along the petrol pump when struck.
Source reference: p. 5, 7It found that the bus driver failed to slow down in a populated area near public utilities.
Source reference: p. 7Regarding Smt. Meenu Verma, the Court upheld the use of ITRs as authoritative proof of income.
Source reference: p. 9For Smt. Madhu Verma, the Court adjusted the income to align with the maximum monthly limit for guest teachers per government notifications (Rs. 17,500) plus tuition income.
Source reference: p. 13The Court corrected the Tribunal’s omission of future prospects, granting 40% as per Pranay Sethi, but reduced the interest rate from 12% to 9% to match prevailing 2013 bank rates.
Source reference: p. 10, 14Non-pecuniary heads were standardized to Rs. 40,000 per claimant for consortium and Rs. 15,000 each for estate and funeral expenses.
Source reference: p. 10-11, 15Holding
The Court dismissed the Appellant's appeals regarding negligence and allowed the claimants' cross-appeals for enhancement.
It held that the driver was solely negligent.
Source reference: p. 8The total compensation for Smt. Meenu Verma was enhanced to Rs. 46,99,360.
Source reference: p. 11and for Smt. Madhu Verma to Rs. 45,88,240.
Source reference: p. 16The Court directed that the interest rate be modified to 9% per annum from the date of filing.
Source reference: p. 16The Appellant was directed to release Rs. 5,00,000 immediately to each family, with the remainder kept in FDRs.
Source reference: p. 16 / para. 51-52Original Court PDF
Meerut City Transport Service Limited v. Neeraj Verma & Ors. (Consolidated with MAC.APP. 300/2016, 01/2019, & 07/2019) [2026:DHC:101-ORAL]
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