MANOJ SAW vs RAMNEEK SABARWAL & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 09.06.2025 + MAC.APP. 229/2023 MANOJ SAW .....Appellant versus RAMNEEK SABARWAL & ANR. .....Respondents Advocates who appeared in this case: For the Appellant : Mr. Akshay Kumar, Adv. For the Respondents : Ms. Niyati, Adv. for R-2 (through VC). CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. By way of the present appeal, the appellant challenges the award dated 16.12.2020 (hereafter ‘impugned award’), passed by the learned Presiding Officer, Motor Accident Claims Tribunal (hereafter ‘Tribunal’), Saket Courts, New Delhi, in MACT No. 863/2018, essentially on three grounds: i) The learned Tribunal erred in calculating the functional disability of the claimant/ appellant at 17% when it should have been taken as much as the permanent disability assessed, that is, 33%; Signature Not Verified Signed By:DEEPANSHU Signing Date:11.06.2025 MAC.APP. 229/2023 Page 1 of 9 18:55:30 ii) The learned Tribunal erred in deducting 25% towards contributory negligence on part of the appellant; iii) For the purpose of loss of future income, the learned Tribunal erred in not granting future prospects at 25%. 2. The facts leading to the present appeal are that the claimant had suffered multiple grievous injuries in the road accident which took place on 30.04.2018, when the appellant was crossing the road. The Medical Board assessed the injuries of the appellant at 33% permanent physical disability in relation to his right leg. 3. The learned Tribunal awarded a total compensation of Rs. 5,21,091/- under different heads, along with interest at the rate of 9%, from the date of filing the Detail Accident Report, that is , 07.09.2018 till realization of the said amount. 4. The three grounds taken by the appellant in the present appeal