Facts
On September 14, 2018, the deceased was returning from Gurugram to his residence in Palam, New Delhi, when a truck (registration no. HR-73A-9251) collided with his car from behind
Source reference: p.1-2, para. 4The deceased sustained grievous injuries and was declared dead at Civil Hospital, Gurugram
Source reference: p.2, para. 4The Appellants (the deceased's parents) filed a claim for compensation. The Motor Accident Claims Tribunal (MACT), South-West, Dwarka, passed an award on December 23, 2025, granting Rs. 22,16,000 with 7.5% per annum interest
Source reference: p.1, para. 3In its computation, the Tribunal applied the minimum wages for a skilled worker in Haryana (Rs. 10,328.83) and deducted 1/3rd of the income toward personal expenses
Source reference: p.2, para. 5 & 9The Appellants challenged the award, seeking the application of Delhi’s minimum wage rates, while the Respondent-Insurance Company contested the deduction percentage
Source reference: p.2, para. 5 & 9Issues
1. Whether the minimum wages of a skilled worker applicable in Delhi should be used for computation instead of Haryana’s rates, based on the deceased's residence
Source reference: p.2, para. 52. Whether the deduction for personal expenses should be increased to 50% from 1/3rd, given that the deceased was a bachelor
Source reference: p.2, para. 93. Whether the interest rate of 7.5% per annum awarded by the Tribunal requires modification
Source reference: p.3, para. 11Law Applied
The court primarily relied on the principles enunciated in National Insurance Co. Ltd. v. Pranay Sethi & Ors (2017) 16 SCC 680, which establishes that in cases where the deceased was a bachelor, a deduction of 50% towards personal and living expenses is required
Source reference: p.3, para. 9-10Additionally, the court applied the evidentiary standards for determining applicable minimum wages based on the residential status of the deceased as per Aadhaar records and affidavits
Source reference: p.2, para. 6-8Reasoning
The Court examined the Aadhaar cards of the deceased and his parents, along with the affidavits filed by the mother and father, all of which listed their residence in Palam Colony, New Delhi
Source reference: p.2, para. 6-7Consequently, the Court held that the minimum wages for a skilled worker in Delhi (Rs. 17,991) should be the basis for income computation rather than the Haryana rates
Source reference: p.2, para. 8Regarding the Respondent's contention, the Court noted that the deceased was a bachelor; therefore, applying the settled legal position in Pranay Sethi, the Tribunal’s 1/3rd deduction was incorrect and must be modified to 50%
Source reference: p.3, para. 10Finally, the Court reviewed the interest rate and determined that 7.5% per annum was "reasonable and appropriate," finding no reason to interfere with the Tribunal's discretion on that point
Source reference: p.3, para. 11Holding
The Court partially allowed the appeal and revised the compensation.
It held that the income must be calculated at Delhi’s skilled worker rate of Rs. 17,991 per month and personal expenses must be deducted at 50%.
Source reference: p.2, para. 8; p.3, para. 10The total compensation was enhanced from Rs. 22,16,000 to Rs. 28,53,400. The Court ordered the Insurance Company to deposit the enhanced amount, plus 7.5% interest from the date of filing, before the Tribunal within six weeks for apportionment and disbursement
Source reference: p.4, para. 12 & 14Original Court PDF
Meera Yadav And AnrvsHdfc Ergo General Insurance Co Ltd And Ors
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