MAC.APP./181/2025 of PRABHAKAR POKHRIYAL Vs PAWAN KUMAR & ANR. on 23 September 2026

O R D E R

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23.09.2026

1. This appeal has been filed by appellant/claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Saket Courts, New Delhi [‘MACT/Tribunal’], vide award dated 29th August 2024, passed in MACT No. 116/2023, whereby compensation of Rs.1,60,910/-, along with interest @ 9% per annum, was awarded [‘impugned award’].

2. The accident in question occurred on 17th September 2022, at about 02:00 p.m., when appellant/claimant was going on foot towards Chhatarpur. When he reached near Nanda Medical Centre, Mehrauli, a motorcycle bearing registration no. DL-3SES-7954 [‘offending vehicle’], which was being driven by Pawan Kumar [respondent no.1 herein] in rash and negligent manner, came from the wrong side and hit him from behind.

3. Pawan Kumar/driver-cum-owner never filed his written statement [‘WS’] before the MACT and his opportunity to file the WS was therefore closed. The matter was contested by the Insurance Company, which stated that Pawan Kumar/driver-cum-owner of the offending vehicle was not holding a valid driving licence at time of the accident. The MACT concluded its findings by holding that the offending vehicle was being driven negligently. Further, considering that the Insurance Company had a valid defence, recovery rights were granted to the Insurance Company.

4. No one appears on behalf of either Pawan Kumar/driver-cum-owner or the Insurance Company, despite notice having been issued by this Court vide order dated 18th March 2025.

5. Mr. Rahul Amin, counsel for appellant/claimant, seeks enhancement of compensation on the following grounds:

(i) Firstly, that despite having considered that appellant/claimant would have remained out of work for a period of at least six months, ‘loss of income’ has only been awarded in respect of four months at Rs. 60,000/- [Rs. 15,000 x 4], as is evident from paragraph 34 of the impugned award. Accordingly, the amount awarded under ‘loss of income’ shall be enhanced by Rs. 30,000/- [Rs.15,000/- x 2], in respect of two more months.

(ii) Secondly, that in view of the injuries sustained by appellant/claimant, i.e. nasal bone fracture, a higher compensation ought to have been awarded to appellant/claimant towards pain and suffering. Accordingly, the compensation awarded towards pain and suffering shall be enhanced to Rs.1,00,000/-.

6. The Court has perused the testimony of appellant/claimant [PW-1], who stated that he sustained grievous injuries, including nose fracture and upper front teeth fracture, left hand, ribs and other injuries. He stated that he had been a disabled but active person, aged 49 years at the time of the accident, however, due to the accident, he had lost his job. He had spent about Rs.1,00,000/- towards his treatment and had to borrow money from his relatives and friends for the same. Furthermore, when he had visited the dentist for treatment of his upper front teeth, he had been told that said treatment would cost around Rs. 1,00,000/-.

7. During the cross-examination conducted by the Insurance Company, appellant/claimant [PW-1] stated that he had spent Rs.1,00,000/- on his medicine, travelling, food etc., though he had not placed on record any medical bills. He also stated that he had been disabled since he was 10 years old and that the accident had worsened his situation.

8. Mr. Rahul Amin, counsel for appellant/claimant, in this regard states, that only an amount of Rs.910/- has been awarded to appellant/claimant towards medical expenses/treatment.

9. Considering that no further evidence has been placed on record, the amount granted towards special diet, conveyance and attendant charges, at Rs.30,000/- shall be enhanced to Rs.75,000/-.

10. Accordingly, the revised compensation shall be calculated as under: S. No. Heads of Compensation Awarded by Tribunal Awarded by the Court

Pecuniary Loss

1. Compensation towards medical bills (A) Rs. 910/- Rs. 910/-

2. Expenditure on conveyance and special Rs. 30,000/- Rs. 75,000/- diet (B)

3. Income of injured per month (D) Rs. 15,000/- Rs. 15,000/-

4. Loss of Income Rs. 60,000/- Rs. 90,000/-

Non-pecuniary loss

5. Pain and suffering (K) Rs. 70,000/- Rs. 1,00,000/-

6. Total [A + B + C+ E + I + J+ K + L] Rs. 1,60,910/- Rs. 2,65,910/-

7. Enhanced compensation Rs. 1,05,000/-

8. Interest 9% 9%

Directions

11. For aforesaid reasons, compensation has been enhanced by Rs.1,05,000/- [‘enhanced amount’].

12. It is, therefore, directed that enhanced amount, along with interest @ 9% per annum, be deposited before the MACT within a period of six weeks. The said amount shall thereafter be released to appellant/claimant as a lump sum.

13. The originally awarded amount, if not already released, shall be released in favour of appellant/claimant, as a lump sum.

14. Accordingly, the appeal is disposed of.

15. Pending applications, if any, are rendered infructuous.

16. Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 23, 2026/MK/ya