MASTER MUKUL (THR FATHER PRADEEP KUMAR) vs SURENDER KUMAR & ORS (UNITED INDIA INSURANCE CO LTD)

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 15.11.2025 + MAC.APP. 870/2016 MASTER MUKUL (THR FATHER PRADEEP KUMAR) .....Appellant Through: Mr. Manish Maini, Ms. Anjali Singh & Ms. Aastha Chauhan, Advocates. versus SURENDER KUMAR & ORS (UNITED INDIA INSURANCE CO LTD) .....Respondents Through: Ms. Shruti Jain for Mr. Pankaj Seth, Advocate for R3/Insurance Company. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. This is an appeal filed by the claimant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal [“Tribunal”] in Suit No. 73/2014. 2. The appellant was five years old at the time of the accident in question, on 01.04.2013. While crossing the road, he was hit by a tempo bearing registration No. DL-1LE-0147, which was being driven by respondent No. 1 herein. As a result of the accident, his left leg was crushed, and he had to undergo amputation of the left leg below the knee. His disability has been assessed at 60%. 3. The Tribunal returned a finding of rash and negligent driving against respondent No.1 and, by the award dated 02.06.2016, granted compensation Signature Not Verified Signed By:BHUPENDER MAC.APP. 870/2016 Page 1 of 10 Signing Date:18.11.2025 17:37:39 of Rs.10,14,000/- to the appellant. The award was subsequently modified by an order dated 22.07.2016, increasing the amount of compensation to Rs.10,55,000/-, alongwith interest at the rate of 9% per annum from the date of filing of the claim petition. 4. Mr. Manish Maini, learned counsel for the appellant, raises the following three grounds in support of the appeal: a. That the Tribunal has erroneously assessed the loss of earning capacity based upon notional income of Rs.15,000/- per annum, whereas the loss of earning capacity of a minor claima