National Insurance Co. Ltd. Vs Mithlesh Devi & Ors.

This appeal has been filed by the Insurance Company assailing the impugned award dated 14^th March 2026 passed by the Motor Accident Claims Tribunal, Rohini Courts, Delhi (‘ MACT ’’) in MACT No. 493/2021.

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Mr. Manu Luv Shahalia , Advocate appears on behalf of the Insurance Company and contends that the benchmark income of the deceased was taken as Rs.50,000/- on the basis of the testimony of the wife, despite the income tax returns for the Assessment Year 2020-2021 showing a monthly income of Rs.37,010/-.

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However, it is noted by the Court that the accident occurred on 15^th January 2021, which was almost at the end of the financial year 2020-2021, the income for which would have been assessed in the Assessment Year 20212022. Therefore, there could have been an increase in the deceased's income in the meantime.

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This is a digitally signed order. 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 10/07/2026 at 11:39:22

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Considering that the deceased was an Advocate by profession with 20 years of practice, having been enrolled on 07^th November 2001 with the Bar Council of Delhi, as noted by the MACT, the observation of the MACT that he could be considered as earning Rs.50,000/- per month at the time of the accident is not amiss. The deceased was about 49 years of age on the date of the accident, and the rest of the compensation has been calculated on the basis of standard principles enunciated in National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 and Sarla Verma & Ors v. Delhi Transport Corp. & Anr. (2009) 6 SCC 121.

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The Court has already discussed the estimation of the income of a deceased in Savita & Ors. v. National Insurance Co. Ltd . 2026:DHC:3626. Relevant paragraphs of Savita ( supra ) are extracted as under:

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30. Principles which may be culled out from these cases cited above, and be used as guidepost for assessment of benchmark income, can be summarised as under : xxxxx

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B. Oral testimony of family members, employers

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i. Assessment of income can also be done on the statement of the immediate legal heir of deceased, i.e., wife, father, or immediate family member, along with a statement of the employer, if any. Testimonies of the above-mentioned persons should be consistent and there should be an unsuccessful rebuttal by the Insurance Company or the contesting party.

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ii. If the testimonies are not reliable, the Court can use the minimum wage benchmark of an appropriate category i.e., unskilled, skilled, matriculate, etc., as a benchmark for assessment, but not be constrained to grant the lowest tier .

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***

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D. Age, occupation and educational background of the victim

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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 10/07/2026 at 11:39:22

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i.In cases where the victim was a student and the evidence on record suggests that the victim would have engaged in employment after completing education, had the accident not taken place; the Courts must consider the educational background keeping in view the missed future opportunities.

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ii.Reliance to be placed on documents and testimonies indicating the prior educational background of the victim, if no proof has been placed with regards to the employment details.

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(emphasis added)

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Considering these circumstances, the Court does not find any merit in the appeal by the Insurance Company; therefore, the same stands dismissed and the MACT’s impugned award is confirmed.

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Pending applications are rendered infructuous.

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Statutory deposit, if any, be refunded to the Insurance Company.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JULY 6, 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 10/07/2026 at 11:39:22

National Insurance Co. Ltd. v. Mithlesh Devi & Ors.

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National Insurance Co. Ltd. v. Mithlesh Devi & Ors.

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