Delhi District Court
Mansi Gupta vs M/S Delhi Barodra Road Carier Pvt Ltd on 13 March, 2026
IN THE COURT OF SH. MUKESH KUMAR,
DISTRICT JUDGE (COMMERCIAL COURT)-11,
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI.
FORMERLY PRESIDING OFFICER : MOTOR ACCIDENT
CLAIMS TRIBUNAL-02, WEST, TIS HAZARI COURTS,
DELHI.
MACT No. 206/2021
DLWT0034292021
1. Rajnikant Gupta
S/oLate Sh. O.P. Gupta
2. Kannukant Gupta
S/o Sh. Rajnikant Gupta
3. Mansi Gupta
D/o Rajnikant Gupta
All R/o
V-12/27, DLF City, Phase-3,
Gurgaon, Haryana-122002 .... Petitioners
Versus
1. M/s Delhi Barodra Road Carrier Pvt. Ltd.
480, Udyog Vihar, Phase-5,
Gurgaon.
(through its Director Mr. Darshan Lal Baweja)
2. Mohammad Hamdeen
S/o Khan Mohammad
R/o Village & P.O Fatehpur Tehsil,
Pahari, Fatepur, Bharatpur, Ghatmika,
Rajasthan-321204.
MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Digitally signed
by MUKESH Page No. 1 of 46.
KUMAR
MUKESH Date:
KUMAR 2026.03.13
14:33:31
+0530
3. New India Assurance Co. Ltd.
105, 127, 1st Floor,
Main Najafgarh Road, Nangloi,
Delhi-110041
Also at :
RG City Center,
LSC, Block-B,
Lawrence Road, New Delhi-110035
4. Dhiraj Rai
S/o SH. Vijay Rai
R/o K-1, Ext. 96, Jaidhar Enclave,
Mohan Garden, Uttam Nagar, New Delhi.
POA of respondent no. 1. .... Respondents
AND MACT No. 207/2021 DLWT0034302021 Mansi Gupta D/o Rajnikant Gupta R/o V-12/27, DLF City, Phase-3, Gurgaon, Haryana-122002 .... Petitioner Versus
1. M/s Delhi Barodra Road Carrier Pvt. Ltd. 480, Udyog Vihar, Phase-5, Gurgaon.
(through its Director Mr. Darshan Lal Baweja)
2. Mohammad Hamdeen S/o Khan Mohammad R/o Village & P.O Fatehpur Tehsil, Pahari, Fatepur, Bharatpur, Ghatmika, MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Digitally
signed by Page No. 2 of 46.
MUKESH
MUKESH KUMAR
KUMAR Date:
2026.03.13
14:33:38
+0530
Rajasthan-321204.
3. New India Assurance Co. Ltd.
105, 127, 1st Floor,
Main Najafgarh Road, Nangloi,
Delhi-110041
Also at :
RG City Center,
LSC, Block-B,
Lawrence Road, New Delhi-110035
4. Dhiraj Rai
S/o SH. Vijay Rai
R/o K-1, Ext. 96, Jaidhar Enclave,
Mohan Garden, Uttam Nagar, New Delhi.
POA of respondent no. 1. .... Respondents AND MACT No. 208/2021 DLWT0034312021
1. Rajnikant Gupta S/oLate Sh. O.P. Gupta R/o V-12/27, DLF City, Phase-3, Gurgaon, Haryana-122002 .... Petitioners Versus
1. M/s Delhi Barodra Road Carrier Pvt. Ltd. 480, Udyog Vihar, Phase-5, Gurgaon.
(through its Director Mr. Darshan Lal Baweja)
2. Mohammad Hamdeen S/o Khan Mohammad MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Digitally
signed by
MUKESH Page No. 3 of 46.
MUKESH KUMAR
KUMAR Date:
2026.03.13
14:33:44
+0530
R/o Village & P.O Fatehpur Tehsil,
Pahari, Fatepur, Bharatpur, Ghatmika, Rajasthan-321204.
3. New India Assurance Co. Ltd.
105, 127, 1st Floor, Main Najafgarh Road, Nangloi, Delhi-110041 Also at :
RG City Center, LSC, Block-B, Lawrence Road, New Delhi-110035
4. Dhiraj Rai S/o SH. Vijay Rai R/o K-1, Ext. 96, Jaidhar Enclave, Mohan Garden, Uttam Nagar, New Delhi.
POA of respondent no. 1. .... Respondents AND MACT No. 209/2021 DLWT0034322021
1. Kannukant Gupta S/o Sh. Rajnikant Gupta R/o V-12/27, DLF City, Phase-3, Gurgaon, Haryana-122002 .... Petitioners Versus
1. M/s Delhi Barodra Road Carrier Pvt. Ltd. 480, Udyog Vihar, Phase-5, Gurgaon.
(through its Director Mr. Darshan Lal Baweja)
2. Mohammad Hamdeen MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Digitally signed by MUKESH Page No. 4 of 46.
MUKESH KUMAR
KUMAR Date:
2026.03.13
14:33:50
+0530
S/o Khan Mohammad
R/o Village & P.O Fatehpur Tehsil,
Pahari, Fatepur, Bharatpur, Ghatmika, Rajasthan-321204.
3. New India Assurance Co. Ltd.
105, 127, 1st Floor, Main Najafgarh Road, Nangloi, Delhi-110041 Also at :
RG City Center, LSC, Block-B, Lawrence Road, New Delhi-110035
4. Dhiraj Rai S/o SH. Vijay Rai R/o K-1, Ext. 96, Jaidhar Enclave, Mohan Garden, Uttam Nagar, New Delhi.
POA of respondent no. 1. .... Respondents AND MACT No. 210/2021 DLWT0034332021
1. Rajnikant Gupta S/o Late Sh. O.P. Gupta
2. Kannukant Gupta S/o Sh. Rajnikant Gupta
3. Mansi Gupta D/o Rajnikant Gupta All R/o V-12/27, DLF City, Phase-3, Gurgaon, Haryana-122002 .... Petitioners MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Digitally signed by Page No. 5 of 46.
MUKESH
MUKESH KUMAR
KUMAR Date:
2026.03.13
14:33:56
+0530
Versus
1. M/s Delhi Baroda Road Carrier Pvt. Ltd. 480, Udyog Vihar, Phase-5, Gurgaon.
(through its Director Mr. Darshan Lal Baweja)
2. Mohammad Hamdeen S/o Khan Mohammad R/o Village & P.O Fatehpur Tehsil, Pahari, Fatepur, Bharatpur, Ghatmika, Rajasthan-321204.
3. New India Assurance Co. Ltd.
105, 127, 1st Floor, Main Najafgarh Road, Nangloi, Delhi-110041 Also at :
RG City Center, LSC, Block-B, Lawrence Road, New Delhi-110035
4. Dhiraj Rai S/o SH. Vijay Rai R/o K-1, Ext. 96, Jaidhar Enclave, Mohan Garden, Uttam Nagar, New Delhi.
POA of respondent no. 1. .... Respondents Date of Institution : 19.04.2021 Date of reserving order/judgment : 18.02.2026 Date of pronouncement: : 13.03.2026 AWAR D
1. Vide this common order, I shall dispose of five claim petitions filed on behalf of the petitioners seeking MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Digitally
signed by Page No. 6 of 46.
MUKESH
MUKESH KUMAR
KUMAR Date:
2026.03.13
14:34:04
+0530
compensation in respect of the fatal injuries sustained by Smt. Babita Gupta and Smt. Mangla Gupta and injuries sustained by Sh. Rajnikant Gupta, Sh. Kannukant Gupta and Ms. Mansi Gupta.
2. Briefly stated, as per the case of the petitioners along with documents filed on record, on 06.06.2016, petitioners were on their way from Gurgaon to Ahemdabad in their car Toyota Fortuner bearing registration No. HR26- BJ-0068 and when at about 11:00 AM they reached at Parlar, P.S Adarsh Nagar, Ajmer, Rajasthan one Truck bearing No. NL01-N-3432 which was driven by respondent no. 2 in a rash and negligent manner and while trying to overtake, the Truck banged into the car and because of which the car dis-balanced and the car went to the other side of the highway and fell into a drain. It is further stated that Smt. Babita Gupta and Smt. Mangla Gupta lost their life and Rajnikant Gupta, Kannukant Gupta and Mansi Gupta suffered major injuries. It is further stated that FIR bearing No. 132/2017 dated 06.06.2017 PS Adarsh Nagar, Ajmer, Rajasthan was registered U/s 279/337/304A IPC pertaining to the accident.
3. Respondent no. 1 Delhi Barodra Road Carrier Pvt. Ltd. is the registered owner of the offending vehicle, respondent no. 2 Mohd. Hamdeen is the driver, respondent no. 3 i.e. New India Assurance Co. Ltd./insurer and respondent no. 4 is the Attorney Holder of respondent no. 1.
4. In the joint written statement filed on behalf of respondent no. 1 and 2, it is stated inter alia that respondent no. 1 company is a insolvent and bankruptcy company and is MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Digitally
signed by
MUKESH Page No. 7 of 46.
MUKESH KUMAR
KUMAR Date:
2026.03.13
14:34:10
+0530
purchased by the Delhi Gujrat Road Carrier Pvt. Ltd. and Sushila Transport Pvt. Ltd. according to order dated 21.02.2022 passed by National Company Law Tribunal. It is denied that the accident as alleged has been caused by the vehicle of the respondent. It is further stated that the vehicle was being driven by the respondent no. 2 on that day according to norms of traffic with caution and not in a rash and negligent manner. It is further stated that the vehicle was duly insured with respondent no. 3/New India Assurance company Ltd. vide Policy No. 3109053116010000531 valid from 30.10.2016 to 29.10.2017.
5. In the written statement filed on behalf of respondent no. 3, it is stated inter alia that petitioners have not come to the Court with clean hands and are doing the business of Forum Shopping as the petitioners filed the claim petition arising out of the same cause of action earlier before the Dwarka Courts and subsequently withdrew the petition after 3 years and filed the present petition before this Court. It is further stated that two vehicles were involved in the alleged accident bearing vehicle No. NL01-N-3432 and vehicle bearing No. HR26-BJ-0068, however only the owner, driver and insurer of the vehicle No. NL01-N-3432 have been made parties to this petition and the owner, driver and insurer of vehicle No. HR26-BJ-0068 have not been made parties to this petition. Therefore, the present petition deserves to be dismissed on this ground alone. It is further submitted that the petitioner Rajnikant is not dependent on his mother. It is further stated that the alleged offending vehicle No. NL01- MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Digitally
signed by
MUKESH Page No. 8 of 46.
MUKESH KUMAR
KUMAR Date:
2026.03.13
14:34:16
+0530
N-3432 was insured in the name of Delhi Baroda Road Carrier Pvt. Ltd. with the respondent no. 3 vide policy no. 3109053116010000531 valid and effective w.e.f 30.10.2016 to 29.10.2017 and the liability of the respondent no. 3 , if any is subject to the terms and conditions, limitations and exceptions contained therein and the M.V Act and Rules framed thereunder.
6. From the pleadings of the parties, following issues were framed in the claim petition (MACT No. 206/2021) by the Ld. Predecessor of this Tribunal on 02.06.2022 :-
1. Whether Mangla Gupta (since deceased) suffered injuries in a vehicular accident that took place on 06.06.2017 at about 11:00 AM at the Parlar, Ajmer, Rajasthan bearing registration no. NL01-N-3432 (offending vehicle) being owned by respondent no. 1 M/s Delhi Baroda Road Carrier Pvt. Ltd. driven by respondent no. 2 Mohd. Hamdeen in a rash and negligent manner and insured with R3/New India Assurance Company Limited? OPP
2. Whether the petitioners are entitled for compensation? If so, to what amount and from whom? OPP
3. Relief.
7. From the pleadings of the parties, following issues were framed in the claim petition (MACT No. 207/2021) by the Ld. Predecessor of this Tribunal on 02.06.2022 :-
1. Whether the petitioner Mansi Gupta suffered injuries in a vehicular accident that took place on MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Digitally signed by Page No. 9 of 46.
MUKESH MUKESH KUMAR KUMAR Date:
2026.03.13 14:34:21 +0530 06.06.2017 at about 11:00 AM at the Parlar, Ajmer, Rajasthan bearing registration no. NL01-N-3432 (offending vehicle) being owned by respondent no. 1 M/s Delhi Baroda Road Carrier Pvt. Ltd. driven by respondent no. 2 Mohd. Hamdeen in a rash and negligent manner and insured with R3/New India Assurance Company Limited? OPP
2. Whether the petitioner is entitled for compensation? If so, to what amount and from whom? OPP
3. Relief.
8. From the pleadings of the parties, following issues were framed in the claim petition (MACT No. 208/2021) by the Ld. Predecessor of this Tribunal on 02.06.2022 :-
1. Whether the petitioner Rajnikant Gupta suffered injuries in a vehicular accident that took place on 06.06.2017 at about 11:00 AM at the Parlar, Ajmer, Rajasthan bearing registration no. NL01-N-3432 (offending vehicle) being owned by respondent no. 1 M/s Delhi Baroda Road Carrier Pvt. Ltd. driven by respondent no. 2 Mohd. Hamdeen in a rash and negligent manner and insured with R3/New India Assurance Company Limited? OPP
2. Whether the petitioner is entitled for compensation? If so, to what amount and from whom? OPP
3. Relief.
9. From the pleadings of the parties, following issues were framed in the claim petition (MACT No. 209/2021) by the Ld. Predecessor of this Tribunal on 02.06.2022 :-
1. Whether the petitioner Kanukant MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Digitally Date of Award : 13.03.2026.
signed by MUKESH Page No. 10 of 46.
MUKESH KUMAR KUMAR Date:
2026.03.13 14:34:29 +0530 Gupta suffered injuries in a vehicular accident that took place on 06.06.2017 at about 11:00 AM at the Parlar, Ajmer, Rajasthan bearing registration no. NL01-N-3432 (offending vehicle) being owned by respondent no. 1 M/s Delhi Baroda Road Carrier Pvt. Ltd. driven by respondent no. 2 Mohd. Hamdeen in a rash and negligent manner and insured with R3/New India Assurance Company Limited? OPP
2. Whether the petitioner is entitled for compensation? If so, to what amount and from whom? OPP
3. Relief.
10. From the pleadings of the parties, following issues were framed in the claim petition (MACT No. 210/2021) by the Ld. Predecessor of this Tribunal on 02.06.2022 :-
1. Whether Babita Gupta (since deceased) suffered injuries in a vehicular accident that took place on 06.06.2017 at about 11:00 AM at the Parlar, Ajmer, Rajasthan bearing registration no. NL01-N-3432 (offending vehicle) being owned by respondent no. 1 M/s Delhi Baroda Road Carrier Pvt. Ltd. driven by respondent no. 2 Mohd. Hamdeen in a rash and negligent manner and insured with R3/New India Assurance Company Limited? OPP
2. Whether the petitioners are entitled for compensation? If so, to what amount and from whom? OPP
3. Relief.
11. In order to prove their case, petitioner no. 1 Rajnikant Gupta examined himself as PW1 in MACT No. MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Digitally Date of Award : 13.03.2026.
signed by
MUKESH
MUKESH KUMAR Page No. 11 of 46.
KUMAR Date:
2026.03.13
14:34:37
+0530
206/2021. Petitioner Mansi Gupta examined herself as PW 1 in MACT No. 207/2021. Petitioner Rajnikant Gupta examined himself as PW 1 in MACT No. 208/2021. Petitioner Kannukant Gupta examined himself as PW 1 in MACT No. 209/2021. Petitioner Rajnikant Gupta examined himself as PW 1 in MACT No. 210/2021.
12. Respondent no. 1, 2 and 3 have not examined any witness in their defence.
13. I have heard arguments and have gone through the record carefully and my issue wise findings are as under :
Issue No.1 (in all the cases)
14. It is the settled proposition of law that an action founded on the principle of fault liability, the proof of rash and negligent driving of the offending vehicle is sine qua non. However, the standard of proof is not as strict as applied in criminal cases and evidence is to be tested on the touchstone of preponderance of probabilities. Holistic view is to be taken while dealing with the Claim Petition based upon negligence. Strict rules of evidence are not applicable in an inquiry conducted by the Claims Tribunal. Reference may be made to the judgments titled as New India Assurance Co. Ltd. v. Sakshi Bhutani & Others., MAC APP. No. 550/2011 decided on 02.07.2012, Bimla Devi & Others v. Himachal Road Transport Corporation & Others (2009) 13 SC 530, Parmeshwari v. Amirchand & Others 2011 (1) SCR 1096 & Mangla Ram v. Oriental Insurance Company Ltd. & Others 2018, Law Suit (SC) 303.
MUKESH MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 KUMAR Date of Award : 13.03.2026.
Digitally signed byMUKESH KUMAR Page No. 12 of 46.
Date: 2026.03.13 14:34:44 +053015. In MACT No. 206/2021, petitioner no. 1 has examined himself and tendered his affidavit in evidence and relied upon the documents i.e. (i) Petition is Ex.PW1/1; (ii) Copy of post mortem report and death report is Ex.PW1/2 (colly.); (iii) Copy of passbook is Ex.PW1/3; (iv) Copy of charge sheet exhibited in MACT No. 210/2021 as PW1/11; Copy of Aadhar card and election ID of deceased Mangla Gupta is Ex.PW1/4 (colly.).
16. In MACT No. 207/2021, petitioner Mansi Gupta has examined herself and tendered her affidavit in evidence Ex.PW1/A and relied upon the documents i.e. (i) Petition is Ex.PW1/1; (ii) Copy of passport, Aadhar card and Pan Card as Ex.PW1/2 (colly.); (iii) Medical treatment papers Ex.PW1/3 (colly). and (iv) Copies of charge sheet exhibited in MACT No. 210/2021 as PW1/11; copy of Aadhar card and election ID of deceased Ex.PW1/4 (colly.).
17. In MACT No. 208/2021, petitioner Rajnikant Gupta has examined himself and tendered his affidavit in evidence Ex.PW1/A and relied upon the documents i.e. (i) Petition is Ex.PW1/1; (ii) Copy of ITR and company details as Ex.PW1/2 (colly.); (iii) Copies of Aadhar card, driving license and passport Ex.PW1/2 (colly.); (iv) Medical treatment papers and discharge summary as Ex.PW1/4 (colly).; (v) Original medical bills Ex.PW1/5 (colly.); (vi) Copies of charge sheet exhibited in MACT No. 210/2021 as PW1/11; (vii) Certificate of incorporation, custom broker ID, Form D of custom house and copy of renewal as Ex.PW1/6 (colly.) and (viii) Copy of PAN card.
MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Digitally Date of Award : 13.03.2026.
signed by
MUKESH
MUKESH KUMAR Page No. 13 of 46.
KUMAR Date:
2026.03.13
14:34:50
+0530
18. In MACT No. 209/2021, petitioner Kanukant Gupta has examined himself and tendered his affidavit in evidence Ex.PW1/A and relied upon the documents i.e. (i) Petition is Ex.PW1/1; (ii) Copies of passport, Aadhar card and PAN Card as Ex.PW1/2 (colly.); (iii) Copy of ITRs as Ex.PW1/3; (iv) Medical treatment records Ex.PW1/4 (colly.);
(v) Form DIR-2 as Ex.PW1/5 and (vi) Certified copies of charge sheet exhibited in MACT No. 210/2021 as PW1/11.
19. In MACT No. 210/2021, petitioner no. 1 Rajnikant Gupta has examined himself and tendered his affidavit in evidence Ex.PW1/A and relied upon the documents i.e. (i) Petition is Ex.PW1/1; (ii) Death certificate and postmortem report as Ex.PW1/2; (iii) Copy of driving license and Aadhar card as Ex.PW1/3 (colly.); (iv) Power of attorney and Aadhar card as Ex.PW14/ (colly.); (v) Certified copies of charge sheet exhibited in MACT No. 210/2021 as PW1/11; (vi) MOU of the company, PAN card and ITR of deceased Babita Tyagi as Ex.PW1/7 (colly.) and (vii) Copy of Aadhar card of the petition er no. 1 as Ex.PW1/7.
20. For the purpose of this issue, the testimonies of PW Sh. Rajnikant, PW Ms. Mansi Gupta and PW Kannukant Gupta, who are stated to be eye-witnesses of the accident in question, is very relevant and they have filed their evidence by way of affidavits. They all deposed that on 06.06.2017 at about 11:00 AM when they reached Parlar Tiraha cross, one Truck bearing No. NL01-N-343 came in a very rash manner while trying to overtake their car and banged in the car and because of which their their car got dis-balanced and the car Digitally signed by MUKESH MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21MUKESH KUMAR Date of Award : 13.03.2026.
KUMAR Date:
2026.03.13 Page No. 14 of 46.
14:34:56
+0530
went to other side of the highway and fell into a drain and the car was badly damaged and in the said accident Mrs. Babita Gupta and Ms. Mangla Gupta lost their life.
21. It is an undisputed fact that FIR No. 132/2017, PS Adarsh Nagar, Ajmer, Rajasthan was registered with regard to accident in question. Copy of said FIR and final report U/s 173 Cr.P.C filed on record as Ex.PW1/11 would show that same was registered on 06.06.2017. Thus, FIR is shown to have been registered promptly and without any delay. Hence, there is no possibility of false implication of respondent no. 1 and false involvement of aforesaid vehicle bearing No. NL01- N-3432 at the instance of petitioners herein.
22. Furthermore, PW 1 in their evidence has also placed reliance on the certified copy of the charge sheet, which is Ex.PW1/11 which includes Final Report u/s 173 Cr.P.C; Copy of FIR; Rukka; Seizure memo of the vehicle; Seizure memo of documents of offending vehicle and copy of DL of its driver; Site plan of the place of accident; Mechanical inspection report of the offending vehicle; MLC and Postmortem report of deceased; Notice u/s 133 M.V. Act given to the owner of the offending vehicle; Arrest memo of accused (respondent no. 2 herein) and Statement of witnesses u/s 161 CrPC etc. Respondent no. 2 Mohd. Hamdeen (accused in State case) has been charge-sheeted (which is part of copies of criminal case available on record) for offences punishable U/s 279/338/304A IPC by the investigating agency after arriving at the conclusion on the basis of investigation carried out by it that the accident in question had occurred due to the rashness Digitally MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 signed by Date of Award : 13.03.2026.
MUKESH
MUKESH KUMAR
KUMAR Date: Page No. 15 of 46.
2026.03.13
14:35:03
+0530
and negligence on the part of respondent no. 2 (driver of offending vehicle).
23. The provisions regarding awarding of compensation in motor accident cases are required to be construed liberally as provisions of motor Vehicle Act are benevolent and the factum of accident by rash and negligent driving of offending vehicle is proved even by preponderance of probabilities. Thus, in view of the aforesaid discussion and the evidence which has come on record, it is held that the petitioners have been able to prove on the basis of preponderance of probabilities that deceased Babita Gupta and Mangla Gupta and injured Rajnikant Gupta, Mansi Gupta and Kanukant Gupta had sustained injuries in road accident which took place on 06.06.2017, due to the rash and negligent driving of offending vehicle by the respondent no. 2. Accordingly, issue no.1 stands decided in favour of petitioner. Issue No.2 (Compensation in MACT No. 206/2021)
24. In view of the finding on issue no. 1, petitioners are entitled to get compensation, however, the quantum of compensation still needs to be adjudicated. Section 168 of Motor Vehicles Act, 1988 enjoins upon the claim Tribunal to hold an inquiry into the claim to make an award determining the amount of compensation, which appears to be just and reasonable. As per settled law, compensation is not expected to be windfall or a bonanza nor it should be pittance. A man is not compensated for the physical injury, he is compensated for the loss which he suffers as a result of that injury.
MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Digitally Date of Award : 13.03.2026.
signed by
MUKESH
MUKESH KUMAR Page No. 16 of 46.
KUMAR Date:
2026.03.13
14:35:11
+0530
Age of deceased :
25. PW-1 Sh. Rajnikant (son of deceased) has deposed that his mother was aged about 71 years at the time of accident. He has filed on record the copy Aadhar card of the deceased Ex.PW1/4 and as per the above-mentioned document, the date of birth of deceased Mangla Gupta is mentioned as 1947. The same remained undisputed on the part of respondents. Date of accident is 06.06.2017. As such, age of deceased Mangla Gupta was around 71 years at the time of accident. As such, this fact stands concluded that age of the deceased was around 71 years at the time of accident. Assessment of Income of deceased :
26. Petitioner/PW-1 Rajnikant Gupta has filed on record pension papers of the husband of the deceased and also filed on record bank passbook of deceased Mangla Gupta and as per the bank passbook, the deceased was getting Rs. 11,780/- per month as family pension. The same is not disputed by the respondents. Therefore, the income of the deceased as on the date of accident was Rs. 11,780/- per month.
Application of Multiplier:
27. As held above, deceased was aged about 71 years at the time of accident. As per settled principle laid down in case of Sarla Verma v. DTC (2009) 6 SCC 121, the multiplier as applicable to the age group of above 65 years is 6. Accordingly, multiplier to be applied in the present case would be 5.
Future Prospects:
MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 17 of 46.
28. Considering the fact that deceased was aged about 71 years at the time of accident, petitioners are not entitled for future prospects as laid down by the Hon'ble Apex Court in judgment which has arisen out of SLP (Civil) No. 25590 of 2014 titled as National Insurance Company Limited vs. Pranay Sethi & Ors decided on 31.10.2017.
Deduction towards Personal and Living Expenses:
29. After choosing the age, multiplier and income of the deceased, necessary deductions have to be made out of the income of the deceased towards her personal expenses.
petitioner no.1 is the son of the deceased. Thus there is one claimant/dependent upon the deceased. Thus, as per the mandate of Sarla Verma (Supra), there has to be deduction of 'one-third' (1/3rd).
30. Thus, Considering the aforementioned factors, the compensation for the loss of dependency is calculated as under:
S. No. Head Amount 1. Monthly income of deceased (A) Rs. 11,780/- 2. Add future prospect (B) Rs. Nil
3. Less 1/3rd towards personal and Rs. 3,926.6/-
living expenses of the deceased (C)
4. Monthly loss of dependency (A+B)- Rs. 7,853.4/-
C=D
5. Annual loss of dependency (Dx12) Rs. 94,240.8/-
6. Multiplier (E) 57. Total loss of dependency Rs. 4,71,204/-
(Dx12xE=F)
31. Thus, the total of loss of dependency would come MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 18 of 46.
out to Rs. 4,71,204/-/. Hence, a sum of Rs. 4,71,204/- (Rupees Four Lac Seventy One Thousand Two Hundred and Four Only) is awarded to petitioner no. 1 Sh. Rajnikant Gupta under this head.
NON-PECUNIARY DAMAGES:
32. In case of Pranay Sethi (Supra), it has been held that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively and the aforesaid amounts should be enhanced at the rate of 10% in every three years. Therefore, a compensation of Rs. 48,000/-, Rs. 18,000/- and Rs.18,000/- respectively on account of loss of consortium, loss of estate and funeral expenses is required to be granted. Further, in view of recent decision of Hon'ble Supreme Court in the case titled as United India Insurance Co. Ltd. Vs. Satinder Kaur @ Satwinder Kaur & Ors., Civil Appeal no. 2705 of 2020, decided on 30.06.2020, loss of consortium has to be fixed for each of the legal representatives. Since, there is only one LR of deceased, accordingly, a sum of Rs. 84,000/- (48,000 + 18,000 + 18,000) is awarded under this head.
33. Thus, Considering the aforementioned factors, the total compensation is calculated as under:
S. No. Head Amount Awarded 1. Total loss of dependency Rs. 4,71,204/-
2. Compensation for loss of consortium Rs. 48,000/-
(48,000)
3. Compensation for loss of estate (H) Rs.18,000/-
4. Compensation for funeral expenses Rs.18,000/-
MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 19 of 46.
(I)
Total compensation Rs. 5,55,204/-
Thus, petitioners in this case shall be entitled to a total compensation of Rs. 5,55,204/- (Rupees Five Lacs Fifty Five Thousand Two Hundred and Four Only). Issue No.2 (Injured Mansi Gupta MACT No. 207/2021) Medical Expenses:
34. PW1 Ms. Mansi Gupta i.e. the injured herself, has inter alia deposed in her evidence by way of affidavit Ex.PW1/A that 06.06.2017 when the petitioner along with her family members were traveling from Gurugram to Ahemdabad and at about 11:00 AM when they reached Parlar Tiraha, one Truck bearing No. NL01-N-3432 in a very rash and negligent manner while trying to overtake their car banged dangerously into their car and because of which the car dot dis-balanced and fell into a drain and she suffered injuries.
35. No medical bills have been placed on record by the petitioner / injured Ms. Mansi Gupta in support of her plea of incurring expenditure on his hospitalization / medication. As per the MLC of the injured Mansi Gupta placed on record, she has suffered simple injuries. It is evident on record that she met with an accident due to the rash and negligent driving of offending vehicle by its driver and petitioner Mansi Gupta sustained injuries. In these circumstances, even in the absence of any medical bills filed and proved on record by the injured Mansi Gupta and taking note of the nature of his injuries, I find MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 20 of 46.
it appropriate to award a notional amount of Rs. 20,000/- to the petitioner Mansi Gupta under this head for medical expenses. Loss of Income on account of accident
36. There is no document placed and proved on record by the petitioner to prove his vocation and monthly income. There is no other witness got examined by the petitioner in support thereof. In her cross examination PW 1 deposed that at the time of accident, she had completed IInd year of her college and was doing internship as well. She also admitted that she sustained simple injuries. She also deposed that she has not placed on record any certificate issued by her college regarding her absence in the college for month. As per Aadhar Card, the petitioner is a resident of Haryana. Thus, for want of cogent and definite evidence being led by petitioner with regard to his actual monthly income, this Tribunal assesses the income of the injured to be at parity with minimum wages of skilled person in the State of Haryana which at the time of accident i.e. 06.06.2017 was Rs. 10,567/- per month. Further, considering the totality of circumstances as well as nature of injuries suffered by her and material placed on record, this Tribunal is of considered view that she would not have been able to work for a period of two months. Thus, an amount of Rs. 21,134/- (Rs. 10,567/- x 2) is granted to the petitioner on account of loss of income due to the accident in question.
Special Diet, Conveyance Charges & Attendant Charges
37. There is no document placed and proved on record by the petitioner in support of his plea for incurring MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 21 of 46.
expenses under this head, however, at the same time, it cannot be overlooked that she had sustained injuries in the accident. Thus, she would have taken special rich protein diet for her speedy recovery and would have also incurred some amount towards conveyance charges while commuting to the concerned hospital as OPD patient for his regular checkup and follow up during the period of her medical treatment. She would also have been definitely helped by some person either outsider or from his family, to perform her daily activities as also while visiting the hospital during the course of her medical treatment. In the absence of any such documentary proof, this Tribunal while taking into consideration nature of injuries suffered by petitioner as well as surrounding circumstances, finds it appropriate to grant a notional sum of Rs.10,000/- towards conveyance charges; a sum of Rs.10,000/- towards special diet and a sum of Rs.10,000/- towards attendant charges to the petitioner.
38. Thus, the compensation awarded to the petitioner Mansi Gupta is summarized as under:-
S Heads of Compensation Amount
No.
1. Medical expenses Rs. 20,000/-
2 Loss of income Rs. 21,134/-
3. Conveyance Rs. 10,000/-
4. Special diet Rs. 10,000/-
5. Attendant charges Rs. 10,000/-
Total Rs. 71,134/-
39. Thus, the total compensation amount to which the petitioner Mansi Gupta is entitled comes to Rs. 71,134/- (Rupees Seventy One Thousand One Hundred and Thirty Four MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 22 of 46.
Only).
Issue No. 2(Injured Rajnikant Gupta MACT No. 208/2021) Medical Expenses:
40. PW1 Sh. Rajnikant Gupta i.e. the injured himself, has inter alia deposed in his evidence by way of affidavit Ex.PW1/A that 06.06.2017 when the petitioner along with his family members were traveling from Gurugram to Ahemdabad and at about 11:00 AM when they reached Parlar Tiraha, one Truck bearing No. NL01-N-3432 in a very rash and negligent manner while trying to overtake their car banged dangerously into their car and because of which the car dot dis-balanced and fell into a drain and she suffered injuries.
41. No original medical bills have been placed on record by the petitioner / injured Sh. Rajnikant Gupta in support of his plea of incurring expenditure on his hospitalization / medication. As per the MLC of the injured Rajnikant Gupta placed on record, he has suffered simple injuries. It is evident on record that he met with an accident due to the rash and negligent driving of offending vehicle by its driver and petitioner sustained injuries. In these circumstances, even in the absence of any medical bills filed and proved on record by the injured Rajnikant Gupta and taking note of the nature of his injuries, I find it appropriate to award a notional amount of Rs. 20,000/- to the petitioner Rajnikant Gupta under this head for medical expenses. Loss of Income on account of accident
42. Petitioner/PW-1 Rajnikant Gupta has placed on MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 23 of 46.
record ITR for the Assessment year 2017-18 Ex.PW1/2 (colly.) as per which the annual income of the petitioner as per the ITR was Rs. 42,09,178/-. In his cross examination PW 1 deposed that it is correct that he has not suffered any disability. He further deposed that he got admitted in hospital on 06.06.2017 and got discharged on 07.06.2017. PW 1 voluntarily deposed that his medical treatment continued for 2-3 months at MAX Hospital. Thus, for want of cogent and definite evidence being led by petitioner with regard to his actual monthly income, this Tribunal assesses the income of the injured to be Rs. 2,60,851/- Per Month. Further, considering the totality of circumstances as well as nature of injuries suffered by him and material placed on record, this Tribunal is of considered view that he would not have been able to work for a period of two months. Thus, an amount of Rs. 5,21,702/- (Rs. 2,60,851/- x 2) is granted to the petitioner on account of loss of income due to the accident in question.
Special Diet, Conveyance Charges & Attendant Charges
43. There is no document placed and proved on record by the petitioner in support of his plea for incurring expenses under this head, however, at the same time, it cannot be overlooked that he had sustained injuries in the accident. Thus, he would have taken special rich protein diet for his speedy recovery and would have also incurred some amount towards conveyance charges while commuting to the concerned hospital as OPD patient for his regular checkup and follow up during the period of her medical treatment. He would also have been definitely helped by some person either MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 24 of 46.
outsider or from his family, to perform his daily activities as also while visiting the hospital during the course of his medical treatment. In the absence of any such documentary proof, this Tribunal while taking into consideration nature of injuries suffered by petitioner as well as surrounding circumstances, finds it appropriate to grant a notional sum of Rs.10,000/- towards conveyance charges; a sum of Rs.10,000/- towards special diet and a sum of Rs.10,000/- towards attendant charges to the petitioner.
44. Thus, the compensation awarded to the petitioner Rajnikant Gupta is summarized as under:-
S Heads of Compensation Amount
No.
1. Medical expenses Rs. 20,000/-
2 Loss of income Rs. 5,21,702/-
3. Conveyance Rs. 10,000/-
4. Special diet Rs. 10,000/-
5. Attendant charges Rs. 10,000/-
Total Rs. 5,71,702/-
45. Thus, the total compensation amount to which the petitioner Rajnikant Gupta entitled comes to Rs. 5,71,702/- (Rupees Five Lacs Seventy One Thousand Seven Hundred and Two Only).
Issue No. 2(Injured Kannukant Gupta MACT No. 209/2021) Medical Expenses:
46. PW1 Sh. Kanukant Gupta i.e. the injured himself, has inter alia deposed in his evidence by way of affidavit Ex.PW1/A that 06.06.2017 when the petitioner along with his family members were traveling from Gurugram to Ahemdabad MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 25 of 46.
and at about 11:00 AM when they reached Parlar Tiraha, one Truck bearing No. NL01-N-3432 in a very rash and negligent manner while trying to overtake their car banged dangerously into their car and because of which the car got dis-balanced and fell into a drain and she suffered injuries.
47. No original medical bills have been placed on record by the petitioner / injured Sh. Kanukant Gupta in support of his plea of incurring expenditure on his hospitalization / medication. As per the MLC of the injured Sh. Kannukant Gupta placed on record, he has suffered simple injuries. It is evident on record that he met with an accident due to the rash and negligent driving of offending vehicle by its driver and petitioner sustained injuries. In these circumstances, even in the absence of any medical bills filed and proved on record by the injured Kanukant Gupta and taking note of the nature of his injuries, I find it appropriate to award a notional amount of Rs. 20,000/- to the petitioner Rajnikant Gupta under this head for medical expenses. Loss of Income on account of accident
48. Petitioner/PW-1 Kanukant Gupta has placed on record ITR for the Assessment year 2017-18 Ex.PW1/2 (colly.) as per which the annual income of the petitioner as per the ITR was Rs. 6,40,866/-. In his cross examination PW 1 deposed that his salary was approximately Rs. 45,000/- Rs. 50,000/- per month. He also admitted that he has not filed any salary slip. PW 1 voluntarily stated that he has ITR and his bank statement Ex.PW1/6. PW 1 further stated that he could not work proper;y for about 20-25 days after the accident and thereafter MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 26 of 46.
he resumed his work. Thus, for want of cogent and definite evidence being led by petitioner with regard to his actual monthly income, this Tribunal assesses the income of the injured to be Rs. 45,000/- Per Month. Further, considering the totality of circumstances as well as nature of injuries suffered by him and material placed on record, this Tribunal is of considered view that he would not have been able to work for a period of one month. Thus, an amount of Rs. 45,000/- is granted to the petitioner on account of loss of income due to the accident in question.
Special Diet, Conveyance Charges & Attendant Charges
49. There is no document placed and proved on record by the petitioner in support of his plea for incurring expenses under this head, however, at the same time, it cannot be overlooked that he had sustained injuries in the accident. Thus, he would have taken special rich protein diet for his speedy recovery and would have also incurred some amount towards conveyance charges while commuting to the concerned hospital as OPD patient for his regular checkup and follow up during the period of her medical treatment. He would also have been definitely helped by some person either outsider or from his family, to perform his daily activities as also while visiting the hospital during the course of his medical treatment. In the absence of any such documentary proof, this Tribunal while taking into consideration nature of injuries suffered by petitioner as well as surrounding circumstances, finds it appropriate to grant a notional sum of Rs.10,000/- towards conveyance charges; a sum of Rs.10,000/- towards MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 27 of 46.
special diet and a sum of Rs.10,000/- towards attendant charges to the petitioner.
50. Thus, the compensation awarded to the petitioner Kanukant Gupta is summarized as under:-
S Heads of Compensation Amount
No.
1. Medical expenses Rs. 20,000/-
2 Loss of income Rs. 45,000/-
3. Conveyance Rs. 10,000/-
4. Special diet Rs. 10,000/-
5. Attendant charges Rs. 10,000/-
Total Rs. 95,000/-
51. Thus, the total compensation amount to which the petitioner Kanukant Gupta entitled comes to Rs. 95,000/- (Rupees Ninety Five Thousand Only).
Issue No.2 (Compensation in MACT No. 210/2021)
52. In view of the finding on issue no.1, petitioners are entitled to get compensation, however, the quantum of compensation still needs to be adjudicated. Section 168 of Motor Vehicles Act, 1988 enjoins upon the Claim Tribunal to hold an inquiry into the claim to make an award determining the amount of compensation, which appears to be just and reasonable. As per settled law, compensation is not expected to be windfall or a bonanza nor it should be pittance. A man is not compensated for the physical injury, he is compensated for the loss which he suffers as a result of that injury. Computation of Compensation
53. The present case pertains to the death of deceased Baita Gupta. In death cases, the guidelines for computation of MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 28 of 46.
compensation have been laid down by Hon'ble Supreme Court in case of Sarla Verma and Others v. Delhi Transport Corporation & Anr. (2009) 6 Supreme Court Cases 121. Further, the guidelines have been reiterated by the Hon'ble Supreme Court in a case titled as National Insurance Company vs. Pranay Sethi & Ors., 2017 ACJ 2700, decided on 31.10.2017, laying down the general principles for computation of compensation in death cases. Age of deceased :
54. As per the copy of PAN card on record, the date of birth of deceased Babita Gupta was 22.11.1971. The date of birth remained undisputed on the part of respondents. Date of accident is 06.06.2017. As such, this fact stands concluded that age of the deceased was around 46 years at the time of accident.
Assessment of Income of deceased :
55. In support of income of deceased, petitioners also got examined PW 1 Sh. Rajnikant Gupta who filed MOU of the company and ITR of the deceased Babita Gupta for the assessment year 2016-17 and same is Ex.1/6.
56. It is well settled that the income tax return is a statutory document on which reliance may be placed to determine the annual income of deceased. As per the Income Tax Return of deceased for the assessment year 2016-17, which is the last ITR of the deceased, gross total income of deceased is Rs. 5,38,684/- per annum. PW1 deposed that his wife deceased Babita Gupta was working as Director in M/s Extra Care Logistics Pvt. Ltd. and PW 1 and deceased were the MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 29 of 46.
only Directors in the said company at the time of accident. PW 1 also brought the Books of Accounts, profit & Loss Account of the company and proved the same as ex.PW1/8 (colly.). After having considered the material placed on record and taking note of the gross total income as reflected as per income tax return of the deceased for the assessment year 2016-17, this Tribunal assesses the annual income of the deceased Babita Tyagi to be at parity with her total income as reflected in his aforesaid ITR, which is Rs. 5,38,684/- per year. As such, the monthly income of the deceased after deducting the Income Tax comes out to be Rs. 43,878/- (rounded off) per month. Application of Multiplier:
57. As held above, deceased was around 46 years of age at the time of accident. As per settled principle laid down in case of Sarla Verma Vs. DTC (2009) 6 SCC 121, the multiplier as applicable to the age group between 46-50 years is 13. Accordingly, multiplier to be applied in the present case would be 13.
Future Prospects:
58. On the day of accident, deceased was aged about 46 years. Having considered the facts and circumstances of the present matter, future prospects @ 25% has to be awarded in favour of petitioners in view of pronouncement made by the Apex Court in the case titled as "NIC Vs. Pranay Sethi (2017 ACJ 2700 S.C).
Deduction towards Personal and Living Expenses:
59. After choosing the age, multiplier and income of the deceased, necessary deductions have to be made out of the MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 30 of 46.
income of the deceased towards his personal expenses. As per the details of LRs of deceased filed alongwith claim petition Form of the DAR, there are three LRs. In these circumstances, since the deceased has left surviving his five LRs, one-third of the income of the deceased is to be deducted towards his personal and living expenses, as held in the case titled as "Sarla Verma Vs. Delhi Transport Corporation", 2009 ACJ 1298 SC.
60. Thus, considering the aforementioned factors, the compensation for the loss of dependency is calculated as under:
S. No. Head Amount 1. Monthly income of deceased (B) Rs. 43,878/- 2. Add future prospect (C) @ 25% Rs. 10,969.5/-
3. Less 1/3rd towards personal and Rs. 18,282.5/-
living expenses of the deceased (D)
4. Monthly loss of dependency (B+C)- Rs. 36,565/-
D=E
5. Annual loss of dependency (Ex12) Rs. 4,38,780/-
6. Multiplier (F) 137. Total loss of dependency Rs. 57,04,140/-
(A+Ex12xF=G)
61. Thus, the total of loss of dependency would come out to Rs. 57,04,140/-. Hence, a sum of Rs. 57,04,140/- (Rupees Fifty Seven Lacs Four Thousand One Hundred and Forty Only) is awarded under this head in favour of the petitioners.
NON-PECUNIARY DAMAGES:
62. In case of Pranay Sethi (Supra), it has been held MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 31 of 46.
that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively and the aforesaid amounts should be enhanced at the rate of 10% in every three years. Therefore, a compensation of Rs. 48,000/-, Rs. 18,000/- and Rs.18,000/- respectively on account of loss of consortium, loss of estate and funeral expenses is required to be granted. Further, in view of recent decision of Hon'ble Supreme Court in the case titled as United India Insurance Co. Ltd. Vs. Satinder Kaur @ Satwinder Kaur & Ors., Civil Appeal no. 2705 of 2020, decided on 30.06.2020, loss of consortium has to be fixed for each of the LRs. Since, the deceased has left behind five LRs, therefore, the petitioners/claimants are entitled to a sum of Rs. 1,80,000/- (48,000 X 3 + 18,000 + 18,000) under this head.
63. Considering the aforementioned factors, the total compensation is calculated as under:
S. No. Head Amount Awarded 1. Total loss of dependency Rs. 57,04,140/-
2. Compensation for loss of consortium Rs. 1,44,000/-
(48,000/- x 3)
3. Compensation for loss of estate Rs.18,000/-
4. Compensation for funeral expenses Rs.18,000/-
Total compensation Rs. 58,84,140/-
64. Thus, petitioners in this case shall be entitled to a total compensation of Rs. 58,84,140/- (Rupees Fifty Eight Lacs Eighty Four Thousand One Hundred and Forty Only). INTEREST ON AWARD MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 32 of 46.
(In all the five cases)
65. Petitioners shall also be entitled to interest at the rate of 9% per annum on the award amount from the date of filing of claim petitions i.e. 19.04.2021 in all the five MACT cases.
LIABILITY (In all the five cases)
66. Now the question arises as to which of the respondent is liable to pay the compensation amount. Since, it is an admitted case of the respondent No. 3, New india Assurance Company Limited that the aforesaid vehicle No. NL01-N-3432 (offending vehicle) was duly insured with it, therefore, respondent No. 3/Insurance Co. is liable to pay the amount of compensation to the petitioners / claimants. Issue no. 2 is decided in all the five cases accordingly. Relief (in MACT no. 206/2021)
67. In view of my finding on issues no. 1 and 2, this Tribunal awards a compensation of Rs. 6,49,445/- (Rupees Six Lacs Forty Nine Thousand Four Hundred and Forty Five Only) to the petitioners/claimants alongwith interest at the rate of 9% per annum in favour of petitioners w.e.f. date of filing of claim petition i.e 19.04.2021 till realization, to be paid by the respondent no. 3/insurance company. Amount of interim award, if any, be deducted from the compensation amount along with the waiver of interest, if any, as directed by the Tribunal during the pendency of this case. The respondent no. 3/insurance company is directed to deposit the award amount with State Bank of India, Tis Hazari Courts, Delhi in the MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 33 of 46.
MACT Account of this Tribunal having Account no. 40714429271, IFSC Code. SBIN0000726 Tis Hazari Courts, Delhi, within 30 days from today. The respondent no. 3 is also directed to give notice regarding deposit of the said amount to the petitioners.
Relief (in MACT no. 207/2021)
68. In view of my finding on issues no. 1 and 2, this Tribunal awards a compensation of Rs. 71,134/- (Rupees Seventy One Thousand One Hundred and Thirty Four Only) to the petitioners/claimants alongwith interest at the rate of 9% per annum in favour of petitioner w.e.f. date of filing of claim petition i.e 19.04.2021 till realization, to be paid by the respondent no. 3/insurance company. Amount of interim award, if any, be deducted from the compensation amount along with the waiver of interest, if any, as directed by the Tribunal during the pendency of this case. The respondent no. 3/insurance company is directed to deposit the award amount with State Bank of India, Tis Hazari Courts, Delhi in the MACT Account of this Tribunal having Account no. 40714429271, IFSC Code. SBIN0000726 Tis Hazari Courts, Delhi, within 30 days from today. The respondent no. 3 is also directed to give notice regarding deposit of the said amount to the petitioners.
Relief (in MACT no. 208/2021)
69. In view of my finding on issues no. 1 and 2, this Tribunal awards a compensation of Rs. 5,71,702/- (Rupees Five Lacs Seventy One Thousand Seven Hundred and Two Only) to the petitioners/claimants alongwith interest at the rate MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 34 of 46.
of 9% per annum in favour of petitioners w.e.f. date of filing of claim petition i.e 19.04.2021 till realization, to be paid by the respondent no. 3/insurance company. Amount of interim award, if any, be deducted from the compensation amount along with the waiver of interest, if any, as directed by the Tribunal during the pendency of this case. The respondent no. 3/insurance company is directed to deposit the award amount with State Bank of India, Tis Hazari Courts, Delhi in the MACT Account of this Tribunal having Account no. 40714429271, IFSC Code. SBIN0000726 Tis Hazari Courts, Delhi, within 30 days from today. The respondent no. 2 is also directed to give notice regarding deposit of the said amount to the petitioners.
Relief (in MACT no. 209/2021)
70. In view of my finding on issues no. 1 and 2, this Tribunal awards a compensation of Rs. 95,000/- (Rupees Ninety Five Thousand Only) to the petitioners/claimants alongwith interest at the rate of 9% per annum in favour of petitioners w.e.f. date of filing of claim petition i.e 19.04.2021 till realization, to be paid by the respondent no. 3/insurance company. Amount of interim award, if any, be deducted from the compensation amount along with the waiver of interest, if any, as directed by the Tribunal during the pendency of this case. The respondent no. 3/insurance company is directed to deposit the award amount with State Bank of India, Tis Hazari Courts, Delhi in the MACT Account of this Tribunal having Account no. 40714429271, IFSC Code. SBIN0000726 Tis Hazari Courts, Delhi, within 30 days from today. The MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 35 of 46.
respondent no. 2 is also directed to give notice regarding deposit of the said amount to the petitioners. Relief (in MACT no. 210/2021)
71. In view of my finding on issues no. 1 and 2, this Tribunal awards a compensation of Rs. 58,84,140/- (Rupees Fifty Eight Lacs Eighty Four Thousand One Hundred and Forty Only) to the petitioners/claimants alongwith interest at the rate of 9% per annum in favour of petitioners w.e.f. date of filing of claim petition i.e 19.04.2021 till realization, to be paid by the respondent no. 3/insurance company. Amount of interim award, if any, be deducted from the compensation amount along with the waiver of interest, if any, as directed by the Tribunal during the pendency of this case. The respondent no. 3/insurance company is directed to deposit the award amount with State Bank of India, Tis Hazari Courts, Delhi in the MACT Account of this Tribunal having Account no. 40714429271, IFSC Code. SBIN0000726 Tis Hazari Courts, Delhi, within 30 days from today. The respondent no. 3 is also directed to give notice regarding deposit of the said amount to the petitioners.
Apportionment in MACT No. 206/2021
72. Statements of petitioners in terms of Clause 29 MCTAP were recorded on 19.05.2023 and considering the totality of circumstances of the case, share of petitioners in the award amount shall be as under:-
S. No. Name Relationship with Share in the deceased award amount
1. Rajnikant Gupta Son 100% MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 36 of 46.
2. Kannukant Gupta Grand Son Nil
3. Mansi Gupta Grand Daughter Nil Disbursement of Award Amount in MACT No. 206/2021
73. In view of the aforesaid, it is hereby ordered that out of total compensation amount, the petitioner no. 1 namely Sh. Rajnikant Gupta shall be entitled to share amount of Rs. 6,49,445/- (Rupees Six Lacs Forty Nine Thousand Four Hundred and Forty Five Only) alongwith proportionate interest
74. Out of share amount of petitioner no. 1 Sh. Rajnikant Gupta, a sum of Rs. 1,49,445/- (Rupees One Lac Forty Nine Thousand Four Hundred Forty Five Only) shall be immediately released to him through his MACT saving bank account and remaining amount alongwith interest amount are directed to be kept in the form of FDRs in the multiples of Rs. 30,000/- each for one month, two months, three months and so on and so forth having cumulative interest.
75. The amount of FDRs on maturity shall directly be released in petitioners' MACT Saving Bank Account.
76. All the FDRs to be prepared as per aforesaid directions, shall be subject to the following conditions:-
(a) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimant.
(b) The monthly interest be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant near the place of their residence.
(c) The maturity amounts of the FDR be credited by Electronic Clearing System (ECS) in the savings MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
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bank account of the claimant near the place of their residence.
(d) No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of the Court.
77. Respondent no. 3 is directed to deposit the compensation amount with State Bank of India, Tis Hazari Courts Branch within 30 days as per above order, failing which respondent no. 3 shall be liable to pay interest @ 12% p.a. for the period of delay. Concerned Manager, State Bank of India, Tis Hazari Courts branch is directed to transfer the respective amounts of petitioners in their aforesaid MACT saving bank accounts, as per the award, on completing necessary formalities as per rules.
78. Copy of this award alongwith one photograph, specimen signature, copy of bank passbook and copy of residence proof of the petitioners, be sent to Nodal Officer of State Bank of India, Tis Hazari Courts Branch, Delhi for information and necessary compliance.
79. Form XV and Form XVII in terms of MCTAP are annexed herewith as Annexure-A.
80. A separate file be prepared for compliance report by the Nazir .
81. A copy of this award be given to the parties free of cost.
82. A copy of this award be sent to the concerned Ld. Judicial Magistrate First Class as well as DSLSA as per the provisions of the Modified Claim Tribunal Agreed Procedure (MCTAP).
MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 38 of 46.
Disbursement of Award Amount (in MACT No. 207/2021)
83. Statement of petitioner in terms of provisions of MCTAP was recorded on 19.05.2023. Having regard to the facts and circumstances of the case and in view of the said statement, it is hereby ordered that the entire award amount of Rs. 71,134/- (Rupees Seventy One Thousand One Hundred and Thirty Four Only) alongwith interest shall be immediately released to the petitioner through her saving bank account.
84. Respondent no. 3 being insurance company is directed to deposit the compensation amount with State Bank of India, Tis Hazari Courts branch within 30 days as per above order, failing which insurance company shall be liable to pay interest @ 12% p.a. for the period of delay. Concerned Manager, State Bank of India, Tis Hazari Courts branch is directed to transfer the respective amounts of petitioners in their aforesaid MACT saving bank accounts, as per the award, on completing necessary formalities as per rules.
85. Copy of this award alongwith one photograph, specimen signature, copy of bank passbook and copy of residence proof of the petitioner, be sent to Nodal Officer of State Bank of India, Tis Hazari Courts branch, Delhi for information and necessary compliance.
86. Form XV, Form XVI and Form XVII in terms of MCTAP are annexed herewith as Annexure-A.
87. A separate file be prepared for compliance report by the Nazir.
88. A copy of this award be given to the parties free of cost.
MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 39 of 46.
89. A copy of this award be sent to the concerned Ld. Judicial Magistrate First Class as well as DSLSA as per the provisions of the Modified Claim Tribunal Agreed Procedure (MCTAP). File be consigned to Record Room. Disbursement of Award Amount (in MACT No. 208/2021)
90. Statement of petitioner in terms of provisions of MCTAP was recorded on 19.05.2023. In view of the aforesaid, it is hereby ordered that out of total compensation amount, the petitioner Sh. Rajnikant Gupta shall be entitled to share amount of Rs. 5,71,702/- (Rupees Five Lacs Seventy One Thousand Seven Hundred and Two Only) alongwith proportionate interest
91. Out of share amount of petitioner Sh. Rajnikant Gupta, a sum of Rs. 1,71,702/- (Rupees One Lac Seventy One Thousand Seven Hundred and Two Only) shall be immediately released to him through his MACT saving bank account and remaining amount alongwith interest amount are directed to be kept in the form of FDRs in the multiples of Rs. 30,000/- each for one month, two months, three months and so on and so forth having cumulative interest.
92. Respondent no. 3 being insurance company is directed to deposit the compensation amount with State Bank of India, Tis Hazari Courts branch within 30 days as per above order, failing which insurance company shall be liable to pay interest @ 12% p.a. for the period of delay. Concerned Manager, State Bank of India, Tis Hazari Courts branch is directed to transfer the respective amounts of petitioners in their aforesaid MACT saving bank accounts, as per the award, MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 40 of 46.
on completing necessary formalities as per rules.
93. Copy of this award alongwith one photograph, specimen signature, copy of bank passbook and copy of residence proof of the petitioner, be sent to Nodal Officer of State Bank of India, Tis Hazari Courts branch, Delhi for information and necessary compliance.
94. Form XV, Form XVI and Form XVII in terms of MCTAP are annexed herewith as Annexure-A.
95. A separate file be prepared for compliance report by the Nazir.
96. A copy of this award be given to the parties free of cost.
97. A copy of this award be sent to the concerned Ld. Judicial Magistrate First Class as well as DSLSA as per the provisions of the Modified Claim Tribunal Agreed Procedure (MCTAP). File be consigned to Record Room. Disbursement of Award Amount (in MACT No. 209/2021)
98. Statement of petitioner in terms of provisions of MCTAP was recorded on 19.05.2023. Having regard to the facts and circumstances of the case and in view of the said statement, it is hereby ordered that the entire award amount of Rs. 95,000/- (Rupees Ninety Five Thousand Only) alongwith interest shall be immediately released to the petitioner through her saving bank account.
99. Respondent no. 3 being insurance company is directed to deposit the compensation amount with State Bank of India, Tis Hazari Courts branch within 30 days as per above order, failing which insurance company shall be liable to pay MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 41 of 46.
interest @ 12% p.a. for the period of delay. Concerned Manager, State Bank of India, Tis Hazari Courts branch is directed to transfer the respective amounts of petitioners in their aforesaid MACT saving bank accounts, as per the award, on completing necessary formalities as per rules.
100. Copy of this award alongwith one photograph, specimen signature, copy of bank passbook and copy of residence proof of the petitioner, be sent to Nodal Officer of State Bank of India, Tis Hazari Courts branch, Delhi for information and necessary compliance.
102. Form XV, Form XVI and Form XVII in terms of MCTAP are annexed herewith as Annexure-A.
103. A separate file be prepared for compliance report by the Nazir.
104. A copy of this award be given to the parties free of cost.
105. A copy of this award be sent to the concerned Ld. Judicial Magistrate First Class as well as DSLSA as per the provisions of the Modified Claim Tribunal Agreed Procedure (MCTAP). File be consigned to Record Room. Apportionment in MACT No. 210/2021
106. Statements of petitioners in terms of Clause 29 MCTAP were recorded on 19.05.2023 and considering the totality of circumstances of the case, share of petitioners in the award amount shall be as under:-
S. No. Name Relationship with Share in the deceased award amount
1. Rajnikant Gupta Husband 50% MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 42 of 46.
2. Akannukant Gupta Son 25%
3. Mansi Gupta Daughter 25% Disbursement of Award Amount in MACT no. 210/2021
107. In view of the aforesaid, it is hereby ordered that out of total compensation amount, the petitioner no. 1 namely Sh. Rajnikant Gupta shall be entitled to share amount of Rs. 29,42,070/- (Rupees Twenty Nine Lacs Forty Two Thousand and Seventy Only) alongwith proportionate interest; the petitioner no. 2 namely Sh. Kannukant Gupta shall be entitled to share amount of 14,71,035/- (Rupees Fourteen Lacs Seventy One thousand and Thirty Five Only) alongwith proportionate interest and ; the petitioner no. 3 namely Ms. Mansi Gupta shall be entitled to share amount of 14,71,035/- (Rupees Fourteen Lacs Seventy One thousand and Thirty Five Only) alongwith proportionate interest.
108. Out of share amount of petitioner no. 1 Sh. Rajnikant Gupta, a sum of Rs. 4,42,070/- (Rupees Three Lacs Forty Two Thousand and Seventy Only) shall be immediately released to him through his MACT saving bank account and remaining amount alongwith interest amount are directed to be kept in the form of FDRs in the multiples of Rs. 40,000/- each for one month, two months, three months and so on and so forth having cumulative interest.
109. Out of share amount of petitioner no. 2 Sh. Kannukant Gupta, a sum of Rs. 4,71,035/- (Rupees One Lac Seventy One Thousand and Thirty Five Only) shall be immediately released to him through his MACT saving bank Digitally MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 signed by Date of Award : 13.03.2026.
MUKESH
MUKESH KUMAR
KUMAR Date: Page No. 43 of 46.
2026.03.13
14:35:26
+0530
account and remaining amount alongwith interest amount are directed to be kept in the form of FDRs in the multiples of Rs. 30,000/- each for one month, two months, three months and so on and so forth having cumulative interest.
110. Out of share amount of petitioner no. 3 Ms. Mansi Gupta, a sum of Rs. 4,71,035/- (Rupees One Lac Seventy One Thousand and Thirty Five Only) shall be immediately released to him through his MACT saving bank account and remaining amount alongwith interest amount are directed to be kept in the form of FDRs in the multiples of Rs. 30,000/- each for one month, two months, three months and so on and so forth having cumulative interest.
111. The amount of FDRs on maturity shall directly be released in petitioners' MACT Saving Bank Account.
112. All the FDRs to be prepared as per aforesaid directions, shall be subject to the following conditions:-
(a) The Bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the claimant i.e., the savings bank account of the claimant shall be an individual savings bank account(s) and not a joint account(s).
(b) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimant.
(c) The monthly interest be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant near the place of their residence.
(d) The maturity amounts of the FDR be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant near the place of their residence.
MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 MUKESH Date of Award : 13.03.2026.
KUMAR Page No. 44 of 46.
Digitally signed by MUKESH KUMAR Date: 2026.03.13 14:35:32 +0530(e) No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of the Court.
(f) The concerned bank shall not issue any cheque book and/or debit card to claimant. However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount.
(g) The bank shall make an endorsement on the passbook of the claimant to the effect that no cheque book and/or debit card have been issued and shall not be issued without the permission of the Court and claimant shall produce the passbook with the necessary endorsement before the Court on the next date fixed for compliance.
113. Respondent no. 3 i.e. The New India Assurance Company Limited, being insurer of offending vehicle, is directed to deposit the compensation amount with State Bank of India, Tis Hazari Courts branch within 30 days as per above order, failing which insurance company shall be liable to pay interest @ 9% p.a. for the period of delay. Concerned Manager, State Bank of India, Tis Hazari Courts branch is directed to transfer the respective amounts of petitioners in their MACT saving bank accounts, as per the award, on completing necessary formalities as per rules.
114. Copy of this award alongwith one photograph, specimen signature, copy of bank passbook and copy of residence proof of the petitioners, be sent to Nodal Officer of State Bank of India, Tis Hazari Courts branch, Delhi for information and necessary compliance.
115. Form XV and Form XVII in terms of MCTAP are Digitally signed by MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 MUKESH Date of Award : 13.03.2026.
MUKESH KUMAR
KUMAR Date: Page No. 45 of 46.
2026.03.13
14:35:37
+0530
annexed herewith as Annexure-A.
116. A separate file be prepared for compliance report by the Nazir on 11.05.2026.
117. A copy of this award be given to the parties free of cost.
118. A copy of this award be sent to the concerned Ld. Judicial Magistrate First Class as well as DSLSA as per the provisions of the Modified Claim Tribunal Agreed Digitally signed Procedure (MCTAP). MUKESH by MUKESH KUMAR KUMAR Date: 2026.03.13 14:35:43 +0530 Announced in the open court (MUKESH KUMAR) on March 13,2026. Distrtict Judge (Commercial Court)-11,Central, THC, Delhi Formerly P.O. MACT-02 (WEST) Tis Hazari Courts, Delhi.
[The judgment has been pronounced in terms of Order No. 08/D-3/Gaz.1A/DHC/2026 dated 06.02.2026 of Hon'ble High Court of Delhi].
MACT No. 206/21, 207/21, 208/21, 209/21 & 210/21 Date of Award : 13.03.2026.
Page No. 46 of 46.