SH DURVESH KUMAR vs SH HARPAL & ORS

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. 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 t