AJAY KUMAR vs NAJENDRA SINGH & ORS.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:13.05.2025 + MAC.APP. 209/2023 AJAY KUMAR ..... Appellant versus NAJENDRA SINGH & ORS. ..... Respondents Advocates who appeared in this case: For the Appellant : Mr. Pankaj Gupta, Advocate. For the Respondents : Mr. Ravi Sabharwal, Advocate for R- 3/Insurance Company. 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 enhancement of compensation awarded by the learned Motor Accident Claims Tribunal vide award dated 08.08.2022 (hereafter ‘the impugned award’), passed in MACT No. 39/2020. 2. The brief facts of the case are that on 06.08.2019, when the appellant/ injured, who was travelling on his Scooty, reached near Paschim Vihar East Metro Station at Pillar No. 211, an Indian Gas Signature Not Verified Signed By:HARMINDER KAUR MAC.APP. 209/2023 Page 1 of 16 Signing Date:15.05.2025 16:09:29 Truck came at a high speed in a rash and negligent manner and hit the appellant from behind. Due to the collision, the appellant fell down and came underneath the offending vehicle. The appellant sustained multiple grievous injuries. The incident led to registration of FIR No. 463/2019 dated 06.08.2019, at Police Station Paschim Vihar East, for offences under Sections 279/338 of the Indian Penal Code, 1860. 3. The learned Tribunal, after examining the pleadings, evidence, and documents on record, assessed the compensation at ₹15,55,344/- and awarded an interest at the rate of 6% per annum to the appellant. The details thereof are as under: S.no. Heads of Compensation Amount 1. Reimbursement of medical expenses ₹4,52,344/- 2. Compensation on account of future treatment ₹1,00,000/- 4. Pain and Suffering ₹50,000/- 5. C