M/S NATIONAL INSURANCE CO LTD vs ANIL KUMAR & ORS

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26th February 2026 + MAC.APP. 493/2014 M/S NATIONAL INSURANCE CO LTD .....Appellant Through: Mr. Pankaj Seth & Mr. Yurvaraj Sharma, Advs. versus ANIL KUMAR & ORS .....Respondent Through: Mr. Debashis Mukherjee, Mr. Parma Nand and Mr. Anand Shankar, Advocates for Respondent No. 1 CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed challenging award dated 28 th February 2014 passed by MACT, Saket Courts in MACT No.714/2011, whereby compensation of Rs.21,52,901/- was awarded to injured-claimant, Mr. Anil Kumar, who had suffered injuries in an accident on 20 th March 2011 when an Indigo Car bearing No.DL-3C-BB-2867 (offending vehicle) being driven by respondent no.2, hit motorcycle of injured. The offending vehicle was insured with the appellant. 2. As per the disability certificate, claimant suffered 90% permanent disability with respect to his left lower limb. Signature Not Verified MAC.APP. 493/2014 Page 1 of 7 Digitally Signed By:MANISH KUMAR Signing Date:09.03.2026 16:03:48 3. Mr. Pankaj Seth, counsel for Insurance Company, challenges the assessment of functional disability at 100%, contending that there was disability only with respect to left lower limb. He contends that even though claimant had claimed to be a TSR driver, there are other vocations in which he could have engaged himself. Therefore, 100% functional disability, amounting to complete loss of earning capacity, cannot be imputed in a case of this nature. In this regard, he adverts to paragraph 15 and 19 of the MACT award, whereby the Tribunal has considered the principles laid down by the Supreme Court in Raj Kumar v. Ajay Kumar (2011) 1 SCC 343; however, according to Mr. Seth, the said principl