Delhi High Court Upholds Motor Accident Compensation Award, Rejects Challenges to Negligence and Tax Deduction
In a recent judgment, the Delhi High Court upheld a Motor Accident Compensation Award, dismissing challenges raised against findings of negligence and tax deduction on the deceased’s income. The case, MAC.APP. 774/2017 & CM APPL. 41950/2018, involved the accidental death of Smt. Shalini Bhatia, who was involved in a collision with an offending vehicle. The Court carefully considered various legal aspects and ruled on each issue.
On Negligence:
The appellant challenged the finding that the accident resulted from the offending vehicle’s rash and negligent driving. The Court analyzed the credibility of the eyewitness testimony (PW-2) and found it to be reliable. The Court stated, “I also do not find any inconsistency in his statement, or any material contradiction which may lead this Court to, in any manner, doubt the testimony of PW-2.”
On Tax Deduction:
The appellant contended that tax should be deducted from the deceased’s income for determining the loss of dependency. The Court agreed, stating, “Accordingly, the award of compensation on the head of loss of dependency in favour of the respondent nos.1 to 3, shall stand modified and reduced…”
On Non-Pecuniary Heads:
Challenges were raised regarding compensation granted under non-pecuniary heads. The Court acknowledged the need for re-assessment, remarking, “The compensation payable to the respondent nos.1 to 3 on account of non-pecuniary heads is re-assessed as…”
On Rate of Interest:
The appellant questioned the rate of interest awarded by the Tribunal. The Court defended the discretion vested in the Tribunal, stating, “Section 171 of the Motor Vehicles Act empowers the Motor Accidents Claims Tribunal to direct the payment of simple interest on the compensation determined, at such rate and from such date… The learned Tribunal may also take into account as to whether the claimants… were required to borrow from financial institutions.”
Delhi High Court upheld the Motor Accident Compensation Award, emphasizing that each case should consider surrounding circumstances when determining interest rates. The Court’s decision has clarified important legal points regarding negligence, tax deduction, and interest rates in motor accident compensation cases.
Date of Decision: 11 December 2023
NATIONAL INSURANCE CO LTD VS PUNEET BHATIA & ORS
