MAC.APP./1056/2017 of ASHOK KUMAR Vs SUSHIL KUMAR & ANR (RELIANCE GENERAL INSURANCE COMPANY LTD) on 21 September 2026

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21.09.2026

1. These appeals have been filed seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Shahdara, Karkardooma

Courts, Delhi (‘Tribunal/MACT’) vide impugned award dated 17th November 2016 passed in DAR No. 200/2014 & DAR No. 201/2014 in respect of injuries sustained by appellants/claimants in an accident which occurred on 9th March 2014.

2. Mr. Ashok Kumar, husband and Ms. Prema Devi, wife, were travelling on a cycle rickshaw, when one Xylo car bearing registration no. UP-14CT-1700 (hereinafter, ‘offending vehicle’) hit the cycle rickshaw, causing them to fall and sustain grievous injuries. Both the claimants were treated for multiple fractures. In respect of Ashok Kumar, claimant in MAC.APP. 1056/2017, MACT awarded compensation of Rs. 2,92,464/- along with 12% interest, whereas, in the case of Prema Devi, claimant in MAC.APP. 1057/2017, compensation of Rs. 5,17,450/- was awarded was along with 12% interest.

3. Mr. Manish Maini, counsel for claimants in both appeals, seeks enhancement of compensation on primarily three grounds: first, that the assessment of functional disability is depressed in both matters; second, future prospects have not been awarded; and third, amount towards non-pecuniary compensation was inadequate.

4. In case of Ashok Kumar, it has been stated that he was working as a security guard and was earning Rs.15,000/- per month, however, no employment proof was placed on record. He had sustained fracture sub troch femur left side with I/L fracture shaft tibia and permanent disability was certified at 13% as per the disability certificate exhibited at Ex.PW4/A. Applying the principles in Raj Kumar v. Ajay Kumar (2011) 1 SCC 343, the MACT considered functional disability at 7%.

5. Mr. Maini, contends that since the claimant would not get a job as a security guard and considering his vocation, his functional disability ought to be considered at a higher level. Accordingly, considering that vocation is a critical aspect in the assessment of functional disability, therefore, the same shall be taken at 13% itself.

6. As regards Prema Devi, permanent disability was certified at 31% in relation to both lower limbs and her functional disability was taken at 16%. She was working as a maid and was earning Rs. 10,000/- and was also engaged in housework. Considering the job that she was engaged in and the kind of injuries suffered by her, which included bilateral fracture shaft of femur and fracture proximal tibia, moreover, she remained admitted in the hospital for about 20 days, therefore, her functional disability would be considered at 25%.

7. As regards future prospects, same shall be awarded to both claimants, since Ashok Kumar was aged about 34 years at the time of accident and, therefore, future prospects would be awarded at 40%. Similarly, since Prema Devi was 29 years of age, she will also be eligible for future prospects at 40%.

8. As far as the income of Ashok Kumar is concerned, it was taken as that of an unskilled worker at Rs. 8,086/- per month, considering that there no proof of employment was placed. The income of Prema Devi was considered at Rs.7,000/- as a general estimate, considering that she was working as a maid.

9. Mr. Maini, stated that considering that Prema Devi was also contributing towards gratuitous services of a homemaker, therefore, this aspect may also be considered while determining notional income, as per the decision of Supreme Court in Shishu Pal @ Shish Ram & Ors. v. Surjeet & Ors. 2026 SCC OnLine SC 1114.

10. However, various conditions have been deployed and mandated by the Supreme Court in Shishu Pal (supra) for grant of loss of domestic care at Rs.30,000/-. Even otherwise, these are old appeals where the income was assessed at a different slab. Accordingly, the Court is inclined to consider the income at minimum wage of a skilled worker at Rs. 9,802/-.

11. As far as non-pecuniary loss is concerned, pain and suffering has been awarded at Rs.40,000/- to Ashok Kumar and at Rs.50,000/- to Prema Devi. Same will increased to Rs.75,000/- each in view of the decision in K.S. Muralidhar v. R. Subbulakshmi and Anr. 2024 SCC Online SC 3385.

12. Further, compensation towards maid was awarded in case of Prema Devi, however, considering that this head shall not subsist in view of the decision in Raj Kumar (supra) and compensation has already been awarded towards attendant charges, this Court is not inclined to grant amount towards a maid.

13. In light of above, revised computation in case of Ashok Kumar will be as under: Sr. No. Heads Awarded by the Tribunal Awarded by this Court PECUNIARY LOSS

Expenditure on treatment (A) Rs. 17,530/- Rs. 17,530/-

Expenditure on conveyance and special diet (B)

Expenditure on attendant charges (C) Rs. 7,000/- Rs. 7,000/-

Income of injured (D) Rs. 8,086/- Rs. 8,086/-

Future prospects (E) Nil Rs. 3,234/-

Loss of income during treatment (F) Rs. 24,258/- Rs. 24,258/-

Multiplier (G)

Functional disability (H) 7% 13%

Loss of future income/future earnings [(E+F) x 12 x G x H)] = I Rs. 1,08,676/- Rs. 2,82,547/- NON-PECUNIARY LOSS

Pain and suffering (J) Rs. 40,000/- Rs. 75,000/-

Loss of amenities and enjoyment (K) Rs. 40,000/- Rs. 40,000/-

Disfigurement (L) Rs. 40,000/- Rs. 40,000/-

Total compensation (A + B + C + F+ I + J+ K + L)= (M) Rs. 2,92,464/- Rs. 5,01,335/-

Interest awarded (N) 12% 12%

Enhanced compensation (O) Rs. 2,08,871/-

14. The revised computation in case of Prema Devi, shall be as under: Sr. No. Heads Awarded by the Tribunal Awarded by this Court PECUNIARY LOSS

Expenditure on treatment (A) Rs. 37,970/- Rs. 37,970/-

Expenditure on conveyance and special diet (B)

Expenditure on attendant charges (C) Rs. 14,000/- Rs. 14,000/-

Expenditure on maid servant (D) Rs. 14,000/- Nil

Income of injured (D) Rs. 7,000/- Rs. 9,802/-

Future prospects (E) Nil Rs. 3,921/-

Loss of income during treatment (F) Rs. 28,000/- Rs. 39,208/-

Multiplier (G)

Functional disability (H) 16% 25%

Loss of future income/future earnings [(D+E) x 12 x G x H)] = I Rs. 2,28,480/- Rs. 6,99,873/- NON-PECUNIARY LOSS

Pain and suffering (J) Rs. 50,000/- Rs. 75,000/-

Loss of amenities and enjoyment (K) Rs. 65,000/- Rs. 65,000/-

Disfigurement (L) Rs. 65,000/- Rs. 65,000/-

Total compensation (A + B + C + F+ I + J+ K + L) = (M) Rs. 5,17,450/- Rs. 10,11,051/-

Interest awarded (N) 12% 12%

Enhanced compensation (O) Rs. 4,93,601/-

Directions

15. Accordingly, in view of the above, compensation has been enhanced by Rs. 2,08,871/- in case of Ashok Kumar and Rs. 4,93,601/- in case of Prema Devi. (‘enhanced compensation’)

16. Enhanced compensation along with accrued interest shall be deposited before the Registrar General of this Court within a period of four weeks by the Insurance Company. Thereafter, same shall be released to the respective claimants as lumpsum in their designated bank account along with accrued interest within a period of four weeks thereafter.

17. Appeals are allowed and disposed of in above terms.

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

19. Order be uploaded on the website of this Court.

ANISH DAYAL, J SEPTEMBER 21, 2026/ak/sp