ROHIT KUMAR vs SUKHDEV SINGH & ORS (UNITED INDIA INSURANCE CO LTD )

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19th March 2026. + MAC.APP. 43/2016 & CM APPL. 15272/2017 ROHIT KUMAR .....Appellant Through: Ms. S.N. Parashar, Advocate with Mr. Ritik Singh, Advocate. versus SUKHDEV SINGH & ORS (UNITED INDIA INSURANCE CO LTD ) .....Respondents Through: Ms. Suman Bagga, Advocate with Ms. Mouli Sharma, Advocate for R- 3/Insurance Company. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT % ANISH DAYAL, J: (ORAL) 1. This appeal has been filed seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal (‘MACT’), Karkardooma Courts, Delhi (hereinafter, ‘Tribunal’) in MAC Petition No. 572F/2012 by an award dated 16th October 2015 (hereinafter, ‘impugned award’). Tribunal awarded compensation of Rs.9,44,280/- with interest at the rate of 12% per annum from the date of filing to appellant/injured claimant who suffered grievous injuries. 2. The accident occurred on 21st September 2012 at 12:30 am, when Signature Not Verified Digitally Signed By:RAHUL MAC APP 43/2016 1 of 12 KUMAR CHOUDHARY Signing Date:24.03.2026 18:50:39 appellant/injured claimant was going towards Ghaziabad from Akshardham Temple and his motorcycle was hit by a truck bearing registration no. HR- 39A-0085 (‘offending vehicle’) from behind being driven rashly and negligently by respondent no.1. 3. Mr. S. N. Parashar, counsel for appellant/injured claimant seeks enhancement on three counts: firstly, functional disability ought to have been assessed at more than 50% considering that permanent disability was certified at 88% with respect to his right lower limb; secondly, future prospects ought to have been granted which have been completely omitted and; thirdly, amount awarded towards non-pecuniary damages were highly depressed. 4. Disability