SH DURVESH KUMAR vs SH HARPAL & ORS

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28th January 2026 + MAC.APP. 579/2013 SH DURVESH KUMAR .....Appellant Through: Mr. S.N. Parashar and Mr. Ritik Singh, Advs. versus SH HARPAL & ORS .....Respondents Through: Ms. Vandana Kahlon and Mr. Rudra Kahlon, Advs. for R-3. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J: (ORAL) 1. This appeal has been filed seeking enhancement of the compensation awarded by the impugned award dated 15th February 2013 by the Motor Accidents Claims Tribunal (‘MACT’) in MACT No.34/2011, whereby a total compensation of Rs.11,81,930/- along with interest @ 7.5% per annum was awarded. 2. The accident occurred on 25th October 2010 due to the rash and negligent driving of the offending truck driven by respondent no.1 (driver). The appellant suffered grievous injuries resulting in amputation of the left leg and suffered 85% permanent disability with respect to left lower limb. Signature Not Verified Digitally Signed MAC.APP. 579/2013 1 of 8 By:MANISH KUMAR Signing Date:05.02.2026 15:30:27 3. Mr. S.N. Parashar, counsel appearing for the appellant/claimant, places his contentions seeking enhancement on the three counts. 4. Firstly, it is contended that the functional disability ought to have been assessed at 100% instead of 50%, as assessed by the impugned award, considering that the appellant was working as a Manager at Kaleva Sweets and could not continue in employment thereafter. He relies on the decision of the Supreme Court in Anthony v. Managing Director, Karnataka State Road Transport Corporation (2020) 7 SCC 161, wherein 75% physical disability had been reduced to 25% by the High Court; however, the Supreme Court set aside the said finding and held that the appellant was entitled to compensation based o