SH. HARPHOOL vs CHOLAMANDALAM MS GEN INSURANCE CO. LTD. AND ORS

Judgment text excerpt

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 19th March 2026 + MAC.APP. 292/2021 SH. HARPHOOL .....Appellant Through: Ms. Aastha Chauhan, Advocate. versus CHOLAMANDALAM MS GEN INSURANCE CO. LTD. AND ORS .....Respondents Through: Ms. Mouli Sharma, Advocate for Ms. Suman Bagga, Advocate for Respondent no.1. 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 Award dated 5th June 2021, passed by the Motor Accident Claims Tribunal, South-West District, Dwarka Courts, New Delhi (‘MACT/Tribunal’) in MACP No.571/2017, which awarded a compensation of Rs.7,95,000/- (Rs. 8,20,000/- - Rs 25,000/- given vide interim award dated 19.05.2018), along with interest of 9% per annum. 2. Ms. Aastha Chauhan, counsel for appellant, seeks enhancement on three counts: i. That the minimum wages were taken as that of the unskilled worker at Rs.9,724/- per month, whereas there was enough Signature Not Verified Digitally Signed MAC.APP. 292/2021 Page 1 of 4 By:MANISH KUMAR Signing Date:24.03.2026 12:01:38 material on record, including his deposition that he was working as a mason and, therefore, at the very least, minimum wages of a skilled worker ought to have been taken at Rs.11,830/- per month. ii. That the permanent disability was certified at 48% as case of injured was of Malunited Fracture Proximal Right Tibia and Fibula in relation to right lower limb; however, functional disability was taken at 24%. iii. That the non-pecuniary damages, for pain and suffering, loss of amenities and disfiguration were inadequate. 3. Ms. Chauhan, counsel for appellant, has drawn attention to the statement recorded before the MACT on 18th November 2019 of injured/Har Phool Singh, who stated