HARI NIWAS SHARMA vs RAJU & ORS (THE ORIENTAL INSURANCE COMPANY LIMITED)

Judgment text excerpt

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 19th February 2026 + MAC.APP. 67/2016 & CM APPL. 45673/2016 HARI NIWAS SHARMA .....Appellant Through: Ms. Ananya Verma, Ms. Diksha Verma, Advocates. versus RAJU & ORS (THE ORIENTAL INSURANCE COMPANY LIMITED) .....Respondents Through: Mr. J.P.N. Shahi, Advocate for Insurance Company (through VC). CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed assailing the impugned award dated 24 th December 2014 passed by the Motor Accident Claims Tribunal (‘MACT’), Rohini Courts, Delhi in MACT Case No.116/2010, granting a sum of Rs.2,47,775/- along with interest @ 9% per annum in favour of appellant/injured. 2. Accident occurred on 15 th March 2010 at about 01:15 P.M. near Police Colony, Narela, Delhi when appellant was riding his motorcycle bearing registration no. DL-8SF-9741 and was hit by the offending Signature Not Verified Digitally Signed By:MANISH KUMAR MAC.APP. 67/2016 Page 1 of 8 Signing Date:25.02.2026 10:20:12 vehicle/truck bearing registration no. HR-69A-2516 driven by respondent no.1 in a rash and negligent manner. Hari Niwas Sharma, the injured, sustained grievous injuries, namely, fracture of right shaft femur, which is permanent in nature, apart from grievous injury on right knee and abrasions all over the body. 3. The Disability Certificate dated 5 th May 2011 certifies 42% permanent physical impairment in relation to the right lower limb. The appellant was 38 years of age on the date of the accident and was running a shop of LIP gas stove, repairing, sale-purchase of gas stove, mini cylinder and parts of gas stove. He was also working as a reporter for Asal News Net and, prior to the accident, earned Rs.25,000/- per month. 4. Based on this benchmark