DHAWANI SHARDA vs ASHOK KUMAR & ORS (NATIONAL INSURANCE CO LTD )

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.07.2025 + MAC.APP. 163/2019 DHAWANI SHARDA .....Appellant Through: Mr. S.N. Parashar, Advocate. versus ASHOK KUMAR & ORS (NATIONAL INSURANCE CO LTD ) .....Respondents Through: Mr. Manoj Ranjan Sinha & Mr. Vishal Agrawal, Advocates for R-3. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Appeal has been filed on behalf of the Appellant under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 02.08.2018 [hereinafter referred to as “Impugned Order”] passed by learned Presiding Officer, MACT, North West District, Rohini Courts, Delhi. The challenge in the present Appeal is for enhancement of the amount of compensation awarded in the sum of Rs.37,96,000/- along with 9% interest per annum to the injured/Appellant by the learned Tribunal. 2. Learned Counsel for the Appellant submits that he restricts his challenge in the present Appeal to one ground, that is, of reduction of disability of the Appellant. Learned Counsel submits that a disability certificate was produced before the learned Tribunal, wherein it is set out that there was a permanent disability of about 50%, despite which the learned Tribunal has reduced the disability to 20%. 2.1 Learned Counsel for the Appellant submits that the Appellant had Signature Not Verified Digitally Signed By:HONEY ARORA Signing Date:14.08.2025 MAC.APP. 163/2019 Page 1 of 10 15:39:00 filed a detailed Affidavit (Ex. PW1/A) before the learned Tribunal setting out that she can neither sit, stand, walk or squat for extended periods of time. The Appellant has also stated therein that she is unable to walk, sit or squat on account of her spinal injuries and not able to work at present. It is further stated there