Universal Sompo General Insurance … vs Sh. Dinesh Kumar Singh & Ors on 9 June, 2025

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Delhi High Court

Universal Sompo General Insurance … vs Sh. Dinesh Kumar Singh & Ors on 9 June, 2025

                               IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                              Judgment delivered on: 09.06.2025

                          +      MAC.APP. 106/2025, CM APPL. 7345/2025 & CM APPL.
                                 7346/2025
                          UNIVERSAL SOMPO GENERAL
                          INSURANCE COMPANY LTD                                .....Appellant
                                                         versus


                          SH. DINESH KUMAR SINGH
                          & ORS.                                               .....Respondents


                          Advocates who appeared in this case:
                          For the Appellant        : Mr. Rajat Khattry, Adv.
                          For the Respondents      :
                          CORAM
                          HON'BLE MR JUSTICE AMIT MAHAJAN

                                                       JUDGMENT

1. The present appeal is filed under Section 173 of the Motor
Vehicles Act, 1988 (hereinafter ‘MV Act‘) seeking reduction of
compensation awarded by the learned Motor Accident Claims Tribunal
vide award dated 28.08.2024 (hereafter ‘the impugned award’),
passed in MACT No. 692/2019.

2. The brief facts are that on 06.07.2019 at about 9:30 p.m., Mr.
Sanjeev Kumar Singh/deceased along with his father/Respondent No.
1 were returning to their home. When they reached near Surajkund

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Pali Road, a truck bearing No. HR-38S-6678, being driven by
Respondent No. 2 in a rash and negligent manner hit them.

3. Due to the impact they both fell on the road and sustained
injuries. The deceased sustained grievous injuries on his head,
whereafter, he was taken to a nearby hospital and was declared
brought dead.

4. This incident led to the registration of FIR No. 419/2019 at
Police Station Surajkund, for offences under Sections 279/304A of the
Indian Penal Code, 1860 (‘IPC‘). After the completion of
investigation, the police charge sheeted Respondent No. 2 for the said
offences.

5. The learned Tribunal, after examining the pleadings, evidence,
and documents on record, assessed the compensation at ₹49,82,740/-
and awarded an interest at the rate of 7.5% per annum to the legal heir
of the deceased/Respondent No. 1. The details thereof are as under:

                               S.no. Heads of Compensation                       Amount

                                 1. Loss of Dependency                           ₹49,98,040/-

                                 2. Loss of Consortium                           ₹48,400/-

                                 3. Funeral Expenses                             ₹18,150/-

                                 4. Loss of Estate                               ₹18,150/-

                                      TOTAL                                      ₹49,82,740/-




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6. Aggrieved by the quantum of compensation awarded, the
appellant – Insurance Company has preferred the present appeal.

7. The learned counsel for the appellant submitted that that learned
Tribunal erred in assessing the income of the deceased at ₹34,300/-.
He submitted that the deceased, at the relevant time, fell under the tax
slab for which 5% income tax was payable and the same ought to have
been deducted by the learned Tribunal while assessing the income of
the deceased.

8. He further submitted that interest awarded at the rate of 7.5%
per annum is on the higher side and that the same should be reduced to
6% per annum.

Analysis

9. The short question for consideration before this Court is
whether the compensation as awarded by the learned Tribunal is
adequate or whether the same ought to be reduced.

10. The learned counsel for the appellant contented that the learned
Tribunal ought to have deducted the income tax from the income of
the deceased. He contended that the deceased at the time of the
accident fell under the tax slab for which 5% income tax was payable.

11. The Hon’ble Apex Court in the case of Sarla Verma and Ors. v.
Delhi Transport Corporation and Anr.
: (2009) 6 SCC 121 held that
for calculating compensation, the income of the victim less the income
tax should be treated as the actual income.

12. In Vimal Kanwar and Ors. v. Kishore Den and Ors: (2013) 7
SCC 476, the Hon’ble Apex Court while relying on the judgment of

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Sarla Verma and Ors. v. Delhi Transport Corporation and Anr
(supra) observed as under:

“22. The third issue is “whether the income tax is liable to be deducted for
determination of compensation under the Motor Vehicles Act“.

23. In Sarla Verma this Court held:

“20. Generally, the actual income of the deceased less income tax
should be the starting point for calculating compensation”

This Court further observed that:

“24. … Where the annual income is in taxable range, the words
‘actual salary’ should be read as ‘actual salary less tax’.”

Therefore, it is clear that if the annual income comes within the taxable
range, income tax is required to be deducted for determination of the
actual salary. But while deducting income tax from the salary, it is
necessary to notice the nature of the income of the victim. If the victim is
receiving income chargeable under the head “salaries” one should keep in
mind that under Section 192(1) of the Income Tax Act, 1961 any person
responsible for paying any income chargeable under the head “salaries”
shall at the time of payment, deduct income tax on estimated income of the
employee from “salaries” for that financial year. Such deduction is
commonly known as tax deducted at source (“TDS”, for short). When the
employer fails in default to deduct the TDS from the employee’s salary, as it
is his duty to deduct the TDS, then the penalty for non-deduction of TDS is
prescribed under Section 201(1-A) of the Income Tax Act, 1961. Therefore,
it is clear that if the annual income comes within the taxable range,
income tax is required to be deducted for determination of the actual
salary. But while deducting income tax from the salary, it is necessary to
notice the nature of the income of the victim. If the victim is receiving
income chargeable under the head “salaries” one should income of the
victim is only from “salary”, the presumption would be that the employer
under Section 192(1) of the Income Tax Act, 1961 has deducted the tax at
source from the employee’s salary. In case if an objection is raised by any
party, the objector is required to prove by producing evidence such as LPC
to suggest that the employer failed to deduct the TDS from the salary of the
employee. However, there can be cases where the victim is not a salaried
person i.e. his income is from sources other than salary, and the annual
income falls within taxable range, in such cases, if any objection as to

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deduction of tax is made by a party then the claimant is required to prove
that the victim has already paid income tax and no further tax has to be
deducted from the income.”

(emphasis supplied)

13. The learned Tribunal after a perusal of the salary slips and
testimony of PW-2 who proved the said salary slips assessed the
income of the deceased at ₹34,300/- per month. Thereby his gross
annual income would be ₹4,11,600/-. The said income undoubtedly
would be subject to tax as applicable at the relevant time. Thus, the
learned Tribunal in the opinion of this Court ought to have considered
the applicable tax and its deduction for the purpose of assessing the
income of the deceased.

14. The accident took place on 06.07.2019. The Ministry of Finance
by way of the Finance Bill, 2019 notified the tax slabs applicable for
the financial year 2019-20. The relevant portion is reproduced
hereunder:

“PART I
INCOME-TAX
Paragraph A
(I)In the case of every individual (other than those mentioned in items
(II) and (III) of this paragraph or Hindu undivided family or
association of persons or body of individuals, whether incorporated
or not, or every artificial juridical person referred to in sub-clause

(vii) of clause (31) of section 2 of the Act (not being a case to which
any other Paragraph of Part III applies) are as under:–

Rates of Income-tax
Upto Rs. 2,50,000 Nil.

Rs. 2,50,001 to Rs. 5,00,000 5

per cent..

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Rs. 5,00,001 to Rs. 10,00,000 20

per cent..

Above Rs 10,00,000 30

per cent..

(ii) In the case of every individual, being a resident in India, who is of
the age of sixty years or more but less than eighty years at any time
during the previous year,–

                                 Upto Rs.3,00,000                                               Nil.
                                 Rs. 3,00,001 to Rs. 5,00,000                                   5 per cent..
                                 Rs. 5,00,001 to Rs. 10,00,000                                 20 per cent..
                                 Above Rs 10,00,000                                            30 per cent..

(iii) in the case of every individual, being a resident in India, who is of
the age of eighty years or more at any time during the previous year,–

                                 Upto Rs. 5,00,000                                             Nil.
                                 Rs. 5,00,001 to Rs. 10,00,000                               20 per cent..
                                 Above Rs 10,00,000                                         30 per cent.."


                                                                                           (emphasis supplied)

15. Even though the gross income of ₹4,11,600/- is subject to
payment of tax under the relevant slab, however, the assessee is also
entitled to benefit of standard deduction and other benefits as available
to the tax payers.

16. The quantum of standard deduction as applicable on the annual
gross income in the financial year 2019-20 was ₹50,000/-. The benefit
of the standard deduction of ₹50,000/- from the gross annual income
would be available to the deceased. Gross monthly salary of the
deceased also included the component of House Rent Allowance. As
per the salary slip the victim was getting monthly salary in the
following manner:

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17. Undisputedly, House Rent Allowance is taxable in nature.

18. As per the tax regime applicable in the financial year 2019-20,
the taxpayer was entitled to the benefit of deductions from the gross
income under the head of House Rent Allowance if such person was
paying any rent towards his accommodation.

19. In the present case the learned Tribunal has not noted whether
the deceased at the time of the accident was paying rent towards his
accommodation, however, considering the facts of the present case it
can safely be presumed that the deceased would have at least been
paying an amount of ₹75,000/- to ₹1,00,000/- annually towards rent

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and therefore relevant deductions will be applicable from the gross
income of the deceased.

20. Considering that the deceased at the time of the accident was
earning gross annual income of ₹4,11,600/- and if the aforesaid
deductions are made from the said amount, the net income of the
deceased would be around ₹2,50,000/- and hence not liable for
payment of any income tax.

21. It is well-settled that the amount of compensation awarded
under the MV Act should be just and, to the extent possible, should
fully and adequately restore the claimant to a position as existed prior
to the accident. The object being to make good the loss suffered as a
result of the accident in a fair, reasonable and equitable manner.

22. By its very nature, when a tribunal or court is tasked with
determining the amount of compensation in accident cases, it
inevitably involves a degree of estimation, hypothetical assessments,
and a measure of compassion related to the severity of the disability
sustained. However, all these factors must be evaluated with objective
standards.

23. The Hon’ble Apex Court in the case of State of Arunachal
Pradesh v. Ramchandra Rabidas
alias Ratan Rabidas and another :

(2019) 10 SCC 75 held that the MV Act is a beneficial legislation
aimed at providing compensation to people affected by motor
accidents. The relevant observations are reproduced hereunder:

“5.The M.V. Act is a beneficial legislation, the primary objective
being to provide a statutory scheme for compensation of victims of

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motor vehicle accidents; or, their family members who are rendered
helpless and disadvantaged by the untimely death or injuries caused
to a member of the family, if the claim is found to be genuine. The
Act
provides a summary procedure for claiming compensation for
the loss sustained in an accident, which is otherwise applicable to
suits and other proceedings while prosecuting a claim before a civil
court.”

24. Therefore, in light of the aforesaid judgment noting the
beneficial nature of the MV Act and the fact that the net income of the
deceased after the requisite deductions fell within the range for which
no tax was liable to be deducted, this Court finds no reason to interfere
with the impugned award passed by the learned Tribunal.

25. The present appeal is therefore dismissed. Pending
application(s) if any also stand disposed of.

AMIT MAHAJAN, J
JUNE 9, 2025

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