NATIONAL INSURANCE CO. LTD vs NITIN SEHGAL AND ORS

Judgment text excerpt

$~75 & 76 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th April 2026 + MAC.APP. 1019/2014 & CM APPL. 18428/2014 NATIONAL INSURANCE CO. LTD .....Appellant Through: Mr. Pankaj Seth, Ms. Shruti Jain, Advocates. versus NITIN SEHGAL AND ORS .....Respondents Through: Mr. Manish Maini, Ms. Aastha Chauhan, Advocates for Respondent no.1. (76) + MAC.APP. 1022/2014 NATIONAL INSURANCE CO LTD .....Appellant Through: Mr. Pankaj Seth, Ms. Shruti Jain, Advocates. versus SAURABH SEHGAL AND ORS .....Respondents Through: Mr. Manish Maini, Ms. Aastha Chauhan, Advocates for Respondent no.1. CORAM: HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. These appeals have been filed by the Insurance Company challenging the Award dated 17th September 2014 passed by Motor Accidents Claims Tribunal [‘MACT’], Central District, Delhi in Suit No. 232/2011 and Suit No. Signature Not Verified Digitally Signed By:RAHUL MAC.APP. 1019/2014 & MAC.APP. 1022/2014 Page 1 of 9 KUMAR CHOUDHARY Signing Date:30.04.2026 18:40:11 233/2011, whereby compensation of Rs.16,79,700/- and Rs.3,39,058/- was awarded to the claimant respectively. 2. The brief facts of the case are that the accident occurred on 18 th December 2005 at about 8:00 PM when the claimants were standing near motorcycle on the roadside, a car bearing registration no. DL-6-CM-0058 driven in a rash and negligent manner at high speed hit the claimants as a result of which they both sustained injuries. 3. Mr. Pankaj Seth, counsel for Insurance Company, contends that as regards Nitin Sehgal, who suffered 60% permanent mental disability, functional disability has been taken as 100% since he was a minor on the date of the accident (aged about 17 ½ years), the minimum wages of non-matriculate have been taken on which future pr