TEK NARAYAN SHASTRI vs SUKHBIR SINGH & ORS (THE UNITED INDIA INSURANCE CO LTD)

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 3rd February, 2026 + MAC.APP. 479/2018 TEK NARAYAN SHASTRI .....Appellant Through: Mr. Manish Mini, Ms. Astha Chauhan, Ms. Anjali Singh, Advocates. versus SUKHBIR SINGH & ORS (THE UNITED INDIA INSURANCE CO LTD) .....Respondents Through: Mr. Sankar N. Sinha, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J: (ORAL) 1. This appeal has been filed assailing the impugned awarded dated 6th January 2018 passed by the Motor Accident Claims Tribunal, Patiala House Courts, Delhi (‘MACT’) in MACP No.419/2016 seeking enhancement of compensation awarded in favour of appellant/claimant. The accident occurred on 5th March 2015 at about 11:40 AM in front of Banwari Lal Hospital at Panchkuia Road, New Delhi, resulting in registration of FIR No.87/2015 at PS Mandir Marg. Signature Not Verified Digitally Signed MAC.APP. 479/2018 1 of 6 By:MANISH KUMAR Signing Date:16.02.2026 15:14:34 2. The offending vehicle was a DTC bus bearing registration no. DL- 1PC-8698 which at the relevant time was being driven by respondent no.1 herein. MACT held that injuries sustained were as a result of rash and negligent driving of respondent no.1. The DTC bus was owned by respondent no.2 and insured by respondent no.3. 3. As regards the compensation, there are two aspects which are pressed by Mr. Manish Maini, counsel for claimant; firstly, that considering injured/claimant was 65 years of age on the date of accident and suffered amputation of the right leg, the non-pecuniary damages on account of mental or physical shock, pain and suffering and loss of amenities was collectively awarded at Rs.60,000/-, the same being highly inadequate. He relies upon the decision of Supreme Court in Mohd. Sabeer alias Shabir Hu