FAHAD AHMED SIDDIQUI vs MAHESH KUMAR & ANR ( STATE BANK OF INDIA (SBI) GENERAL INSUREANCE CO LTD)

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 08.12.2025 + MAC.APP. 170/2018 & CM APPL. 37948/2024 FAHAD AHMED SIDDIQUI .....Appellant Through: Mr. Bijay Kumar, Advocate. versus MAHESH KUMAR & ANR (STATE BANK OF INDIA (SBI) GENERAL INSUREANCE CO LTD) .....Respondents Through: Ms. Niyati, Advocate for R-2. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. By way of this appeal, the appellant, who was the claimant before the Motor Accident Claims Tribunal [“Tribunal”] in MACT No. 4880/16, seeks enhancement of the compensation awarded to him by the impugned award dated 06.06.2017. 2. The facts of the case, as they appear from the award, are that the appellant was walking on the road near the main gate of Galgotias College, Noida, Uttar Pradesh, when he was struck by a car bearing registration No. HR-55-U-5988 [“insured vehicle”]. The appellant sustained grievous injuries as a result of the accident, for which he was treated first at Kailash Hospital, New Delhi, and then at the Trauma Centre, All India Institute of Medical Sciences, New Delhi. Signature Not Verified Signed By:SOMYA SATIJA MAC.APP. 170/2018 Page 1 of 10 Signing Date:10.12.2025 19:17:43 3. The appellant’s injury resulted in permanent disability, as certified by a disability certificate dated 15.12.2016, issued by Pandit Madan Mohan Malaviya Hospital, which was exhibited before the Tribunal as Exhibit PW-1/H. The certificate shows that his disability was assessed at 85% permanent physical impairment in relation to his right lower limb. The condition was assessed to be non-progressive and not likely to improve. It is also undisputed that the appellant underwent an above knee amputation of the right leg, as a result of the accident. 4. The accident also resulted in criminal proceed