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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 18^th September 2026 Pronounced on : 12th October 2026 Uploaded on : 13^th October 2026 # CNR No. DLHC010236672024 + MAC.APP. 224/2024 GANGA DEVI. .....Appellant Through: Ms. Pooja Goel & Ms. Muskaan Goel, Advocates.

versus RAJESH KUMAR & ORS. .....Respondents Through: Mr. Pankaj Seth, Ms. Shruti Jain and Ms. Tanya Jindal, Advocates for R-

3/Insurance Co.

CORAM:

HON’BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

“It’s not the years in your life that count. It’s the life in your years”

-Abraham Lincoln

1. The present appeal presents an opportunity to deal with the issue of compensation to a motor accident victim of advanced age, and whether advanced age, by itself, justifies a conclusion that the person ceases to render economically valuable gratuitous services to the family.

2. This appeal has been filed by the claimant seeking enhancement of compensation awarded by the judgment dated 23^rd December 2023 passed by the Motor Vehicles Claims Tribunal [‘MACT’], East District, Karkardooma Courts, in MACP No. 674/2019, whereby compensation of Rs.14,42,000/- along with interest @ 7.5% has been awarded to the claimant.

The accident

3. The accident occurred on 19^th February 2019 at about 2:000 pm near footover bridge, Samaspur bus stand, Pandav Nagar when injured was waiting at the bus stand and trying to board the bus. The driver of the bus bearing registration number DL-1PC-7150, rashly and negligently, at a very high speed, drove the bus due to which claimant got disbalanced and fell down on road and both her legs were crushed under the rear wheels of the bus. FIR No. 68/2015 was registered at PS Pandav Nagar.

4. At the time of accident, the claimant was 74 years old and stated to have never worked/ never been employed and has been a homemaker. The claimant now has attained the age of 81 years. As per the Disability Certificate the claimant suffered 74% permanent disability in relation to both lower limbs with below knee amputation of left leg and amputation of all toes of right leg.

Impugned award

5. On the issue of negligence, the Tribunal relied upon the testimony of PW1, the injured claimant, which remained unrebutted in cross- examination, as also the fact that a chargesheet had been filed against the driver of the offending vehicle. On the basis of the aforesaid evidence, the Tribunal held that the accident had occurred due to the negligence of the driver of the offending vehicle.

6. On the issue of quantum of compensation, the Tribunal awarded compensation under various heads. A sum of Rs. 4,19,561/- was awarded towards medical expenses.

7. Considering that the claimant had suffered amputation and would require an artificial limb for the remainder of her life, the Tribunal relied upon the testimony of PW5, Prosthetist and Orthotist, Otto Bock Healthcare India Pvt. Ltd., as well as the bills relating to the artificial limb and its maintenance, and awarded a sum of Rs. 1,66,750/- towards the cost of the artificial limb and its maintenance. In the absence of any evidence regarding the lifespan of the artificial limb, the Tribunal assumed the same to be ten years. Considering that the annual maintenance cost of the artificial limb was stated to be between Rs. 10,000/- and Rs. 15,000/-, and that the claimant was 74 years of age, the Tribunal awarded a lump-sum amount of Rs.

1,00,000/- towards its maintenance.

8. A further sum of Rs. 1,30,000/- was awarded to the claimant, with a direction that the said amount be retained in a Fixed Deposit Receipt and released only upon the claimant producing medical advice, bills relating to the purchase of medicines or treatment, or other supporting medical documents for withdrawal of the amount.

9. Considering the multiple hospitalisations undergone by the claimant, the disability suffered by her, and the amputation of the left leg below the knee as well as all the toes of the right leg, the Tribunal awarded a sum of Rs.

75,000/- toward