ANIL KUMAR vs RAJEEV MEHTA & ORS

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd January 2026 + MAC.APP. 802/2013 ANIL KUMAR .....Appellant Through: Mr. Navneet Goyal, Adv. versus RAJEEV MEHTA & ORS .....Respondents Through: Mr, Rajeev Roy & Mr. P Srinavasan, Advs. for R-3 CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (Oral) 1. This appeal has been filed by the claimant [appellant herein] seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal [‘MACT’], Patiala House Courts, vide order dated 6th May 2013, in MACT No. 144/2011. The compensation awarded was of Rs.3,50,797/- along with 7.5% interest from the date of filing the petition till the realisation. 2. On 4th February 2009, at Purana Kila Road, T Point, when the claimant, Anil Kumar, driving his motorcycle, was injured when a car bearing no. ‘DL 4CP 9088’, suddenly opened its door and hit the motorcycle. MACT held that rash and negligent act was attributable to the Signature Not Verified MAC.APP. 802/2013 1/9 Digitally Signed By:MANISH KUMAR Signing Date:27.01.2026 11:00:14 driver/respondent no.1, as proved on the preponderance of probabilities, on the basis of the FIR, charge-sheet and a mechanical inspection report. 3. Computation of the compensation awarded by the MACT is as under: S.NO HEADS AWARDED BY MACT 1. Medicine and Medical Treatment Rs. 19,873/- 2. Pain and Suffering Rs. 50,000/- 3. Loss of Amenities Rs. 20,000 /- 4. Conveyance and Special Diet Rs. 20,000 /- 5. Loss of Income on account of Rs. 2,40,924 /- Disability [Unskilled wages Rs.3934 x 30% disability ] 1181 x 12 x 17 (multiplier) 6. Cost of Artificial Limb Nil Total Compensation Rs. 3,50,797 /- Rate of Interest 7.5% 4. For loss of income on account of disability, wages were taken as minimum wages of an unskilled w