$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23^rd March 2026 + MAC.APP. 271/2021& CM APPL.34953/2021 MAGMA HDI GENERAL INSURANCE CO LTD.....Appellant Through: Mr. Ved Vyas Tripathi, Advocate versus NARESH PANDIT & ORS. .....Respondents Through: Mr. Shrey Chathly, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

ANISH DAYAL, J (ORAL)

1. This appeal has been filed by the Insurance Company seeking reduction of compensation awarded vide judgment dated 20^th January 2020, passed by the Motor Accident Claim Tribunal, West, Tis Hazari Courts, Delhi [“MACT”] in MACP No.76735/2016, whereby compensation of Rs.40,14,000/- along with interest @ 9% per annum was awarded.

2. Accident occurred on the intervening night of 2^nd/3^rd July 2014, when Naresh Pandit/injured [respondent no.1 herein], aged about 25 years, was working as a truck driver and, while repairing a punctured tyre of his truck near G.T Road, in front of Annapurna Apartment, Sahibabad, Uttar Pradesh, a truck bearing no. JH 02P 8075 [“offending vehicle”], driven by respondent no.3 and owned by respondent no.2, hit the stationary vehicle from behind causing grievous injuries and leading to above-knee amputation of left leg and fracture to the shaft of right femur. Upon filing claim petition, MACT relied on the testimony of the injured/respondent no.1 [PW-3] and eyewitness/employer [PW-4], and the absence of rebuttal evidence, held the driver to be negligent.

3. MACT awarded compensation to the respondent no.1/injured on account of grievous injuries resulting in above-knee amputation of the left leg and fracture of the right femur, treating the functional disability as 100% in relation to the whole body. The compensation was computed under various pecuniary and non-pecuniary heads as follows: Rs. 3,41,334/- towards medical expenses; Rs. 50,000/- towards conveyance; Rs. 35,000/- towards special diet; Rs. 50,000/- towards attendant charges; Rs. 31,37,100/- towards loss of future earning capacity on account of permanent disability; Rs. 2,00,000/- towards pain, suffering and trauma; and Rs. 2,00,000/- towards loss of amenities of life and disfigurement. Accordingly, the total compensation was assessed at Rs.40,13,434/-, rounded off to Rs.40,14,000/- , along with interest at the rate of 9% per annum from the date of filing of the claim petition till realization.

Analysis

4. The functional disability was taken as 100%, considering that injured was a truck driver and his permanent disability was certified at 81% with regard to both his limbs, as per disability certificate [Exhibit PW1/1]. MACT, in the impugned award, categorically held that injured was a driver by profession and that his driving license was not challenged. Endorsing this view, this Court while admitting the appeal on 05^th October, 2021 noted as under:

“7. So far as the contention of the learned counsel for the appellant is concerned with regard to taking the functional disability at 100%, I am of the view that the award prima facie does not suffer from said infirmity for the reasons that injured was a truck driver and he sustained 81% disability with regard to both his limbs and had also suffered amputation above the knee of the left leg. Clearly the claimant would not be in a position to drive a vehicle because of injury sustained in the accident.”

5. The Court also, on the same day directed release of the 100% of the amount under the head of a loss of future income and directed as under:

“11. The tribunal shall release 100% of the amount awarded under the heads; (1) ‘Expenses relating to treatment, hospitalisation and medicines’, (2) ‘Conveyance’, (3) ‘Food (Special Diet)’ (4) ‘Attendant Charges’ and (5) ‘Pain, Suffering & Trauma’ and further the amount awarded under the head of ‘Loss of future earning on account of permanent disability’ as per the scheme of disbursal.”

6. In any event, considering that the vocation of respondent no.1/injured [truck driver] would be seriously affected by the said dis