PAVAN PASWAN vs RANJEET YADAV & ORS(NATIONAL INSURANCE COMPANY LTD)

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:19.05.2025 + MAC.APP. 309/2018 & CM APPL. 11531/2018 (delay) PAVAN PASWAN ..... Petitioner versus RANJEET YADAV & ORS (NATIONAL INSURANCE COMPANY LTD) ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr. Varun Sarin, Ms. Parul Dutta & Ms. Babita Rawat, Advocates For the Respondent : Mr. Pankaj Seth & Ms. Khushi Sachdeva, Advocates for R-3. 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 02.11.2016 (hereafter ‘the impugned award’), passed in MACT No. 4040/2016. 2. The brief facts are that on 30.04.2014 at about 11:30 p.m., the appellant/ injured was going to his house. While crossing the red light at Indira Kalyan Vihar, he was hit by a Truck Container being driven by Respondent No. 1 in a rash and negligent manner. Due to this, the Signature Not Verified Signed By:SANJAY KUMAR MAC.APP. 309/2018 Page 1 of 18 Signing Date:22.05.2025 20:36:54 appellant/ injured suffered grievous injuries all over his body, including amputation of his right leg below the knee. 3. The said incident led to the registration of FIR No. 309/2014 dated 02.05.2014, at Police Station Okhla Industrial Area, for the offences under Section 279/337 of the Indian Penal Code, 1860 (‘IPC’). After completion of the investigation the police charge sheeted Respondent No. 1 for the offences under Sections 279/338 of the IPC and Section 3/181 of the MV Act. 4. The learned Tribunal, after examining the pleadings, evidence, and documents on record, assessed the compensation at ₹18,08,350/- and awarded an interest at t