National Insurance Co Ltd v. Yogita Asija & ORS

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 145/2020, CM APPL. 9321/2020&CM APPL. 10475/2025 NATIONAL INSURANCE CO LTD .....Appellant Through:

Mr. Manoj Ranjan Sinha, Advocate with Mr. Vishal Agrawal, Advocate.

versus YOGITA ASIJA & ORS .....Respondents Through:

Mr. Sudhir Kumar Sharma, Advocate for respondent no.3.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 02.02.2026 1.

This appeal has been filed challenging the impugned award dated 28th November 2019 passed by the MACT, Rohini Courts, where compensation of Rs. 24,13,500/- along with interest of 9% per annum was awarded. 2.

The only issue raised by insurance company is with respect to loss of estate, which has been awarded twice in the computation, first at Rs. 15,000/- and then at Rs. 1 lakh.

3.

Aside from the facts, this was an error which is in dissonance with the principles laid down in National Insurance Company Limited V. Pranay Sethi and Ors (2017) 16 SCC 680, whereby a compensation of Rs. 15,000/- ought to have been awarded towards loss of estate. Therefore, the compensation of Rs. 1,00,000/- awarded towards loss of estate stands deleted. 4.

Accordingly, the compensation is re-computed as under: 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 05/02/2026 at 12:21:12

Heads of Compensation Awarded by the Tribunal S.

No.

Awarded by this Court Loss of financial dependency Income of deceased Rs. 21,16,800/- Rs. 21,16,800/- Loss of estate Rs. 15,000/- Rs. 15,000/- Funeral expenses Rs. 15,000/- Rs. 15,000/- Loss of consortium Rs. 80,000/- Rs. 80,000/- Loss of estate Rs. 1,00,000/- - Medical Bills Rs. 86,686/- Rs. 86,686/- Total compensation Rs. 23,13,486/- Rate of Interest Awarded 9% 9% Rs. 24,13,486/- 5.

The issue of recovery rights is not pressed by counsel for appellant. 6.

Accordingly, the appeal is dismissed. Pending applications (if any) are rendered infructuous.

7.

Statutory deposit (if any) be refunded to the appellant. 8.

Order be uploaded on the website of this Court. ANISH DAYAL, J FEBRUARY 2, 2026/RK 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 05/02/2026 at 12:21:12