Dismissed

New India Assurance Co. Ltd. v. Bibi Monashabari & Ors.

Delhi HC19 May 2026MAC.APP./114/2026

Case brief

AI extract

What is this about?

Insurance company appealed a MACT award of Rs.35,95,850 with 7.5% interest in a fatal accident of a minor child involving a DTC bus. Following its earlier decision adopting multiplier 18 for minors below 15, and rejecting a challenge to use of Delhi minimum wages based on the family's Delhi address, the court dismissed the appeal.

What did the court decide?

Insurer to deposit entire compensation with accrued interest before MACT within 6 weeks for release per impugned award; statutory deposit refundable after such deposit.

New India Assurance Co. Ltd. Vs Bibi Monashabari & Ors. — Motor Accident Claims | Delhi HC (2026)

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- MAC.APP. 114/2026, CM APPL. 8561/2026, CM APPL. 8562/2026 & CM APPL. 8563/2026.

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NEW INDIA ASSURANCE CO. LTD.

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.....Appellant

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Through: Mr. Sahil Paul, Mr. Sandeep Dayal and Mr. Harmeet Singh Phillip, Advocates.

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versus

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BIBI MONASHABARI & ORS. .....Respondents Through:

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CORAM:

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HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 19.05.2026

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This appeal has been filed by the Insurance Company challenging the impugned award dated 11^th December 2025, passed by the Motor Accident Claims Tribunal, Central-District, Tis Hazari Courts, Delhi (‘ MACT ’) in MACT No.254/2025, awarding compensation of Rs.35,95,850/- along with interest of 7.5% per annum.

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The accident occurred on 8^th October 2024, when a minor child ( Komal ) met with an accident with the DTC bus bearing registration No. DL-51EV-9701. The FIR No.643/2024 was registered at P.S. Subzi Mandi under Sections 281/106(1) of the Bhartiya Nyaya Sanhita, 2023, against the driver.

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Considering that the issue in this appeal relates to the multiplier to be adopted in the case of death of a minor child below the age of 15 years, this

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This is a digitally signed order.

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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 25/05/2026 at 12:28:12

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Court has already taken a view, after considering all the relevant decisions of the Supreme Court and the High Court, in Rubi Devi And Anr. v. The New India Assurance Com. Ltd. And Ors. 2026:DHC:3674, wherein this Court held that a multiplier of ‘ 18’ ought to be applied in such cases.

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Mr. Sahil Paul , counsel for appellant/Insurance Company, raises an issue regarding the adoption of the minimum wages of a skilled worker as in Delhi, as opposed to Bihar, in view of the Aadhaar Cards of the parents and the deceased herself.

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However, the Court notes that, in the Memo of Parties filed in the present appeal as well as before the MACT, their address has also been mentioned as House No. 292, Kabir Basti, Subzi Mandi, Delhi-110007 .

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In view of the above, the Court is not inclined to entertain the plea of the Insurance Company in this regard.

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The appeal is, therefore, dismissed. Pending applications are rendered infructuous.

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Insurance Company will deposit the entire compensation amount, along with accrued interest, before the MACT within a period of 6 weeks, which will be released to the claimants as per the directions of the MACT in the impugned Award.

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Statutory deposit be refunded to the appellant/Insurance Company only upon the deposit of the entire compensation along with accrued interest.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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MAY 19, 2026/ ak/bp

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This is a digitally signed order.

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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 25/05/2026 at 12:28:12

New India Assurance Co. Ltd. v. Bibi Monashabari & Ors.

Case brief

What is this about?

What did the court decide?

New India Assurance Co. Ltd. v. Bibi Monashabari & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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