MAC.APP. 624/2019 Page- 1/5 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 06th July 2026 + MAC.APP. 624/2019 & CM APPL. 23338/2022 BASANT BALLABH @ BASANT PANDEY .....Appellant Through: Mr. S N Prashar & Mr. Ritik Singh, Advs. versus THE ORIENTAL INSURANCE COMPANY LTD & ORS .....Respondent Through: Ms. Shruti Jain, Adv. for Mr. Pankaj Seth, Adv. for Insurance Co. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed by the claimant for enhancement of compensation granted at Rs.31,05,708/- by the MACT vide award dated 06th June 2018, read with 24th July 2018, in Claim No.75646/2016. 2. On 30th December 2012 at about 8.15 p.m. when claimant was standing on correct side, he was hit by Innova car no. HR 55 ET 2689, which was being driven by respondent no. 2, owned by respondent no. 3, M/s Raj Tours and Travels, a commercial tour operator. As a result of the accident respondent no.1 sustained grievous injuries. 3. Counsel for the claimant submits that the enhancement is being sought on two counts: first, future prospects at the rate of 40% were not granted despite the injured being 29 years of age on the date of the accident and Digitally Signed By:MANISH KUMAR Signing Date:14.07.2026 17:13:05 Signature Not Verified MAC.APP. 624/2019 Page- 2/5 second, attendant charges of only Rs.30,000/- were awarded, which are grossly inadequate considering that the claimant suffered 84% permanent disability and the functional disability was assessed at 90% by the MACT. 4. Loss of future income has been assessed in paragraph 19 of the Award, wherein the monthly income has been taken as Rs.9,594/- and applying the multiplier of 17 along with 90% functional disability, the compensation under this head has been computed at Rs.17,61,458/-. 5. As per principles enunciated in National Insurance Co. Ltd. v. Pranay Sethi and Ors. (2017) 16 SCC 680, for an injured below 40 years, future prospects ought to be granted at 40%. 6. In the present case, the claimant was 29 years of age on the date of accident. Accordingly, future prospects ought to be awarded at 40%. 7. Secondly, it is noted from the MACT's award that, as per the disability certificate (Ex. PW2/A), the injured had developed post-traumatic spastic quadriparesis (weakness of all four limbs) with cognitive dysfunction, along with moderate dysarthria (speech impairment), and had suffered 84% permanent disability. 8. Claimant deposed in his evidence by way of affidavit that he was working as an accountant and cashier with M/s. A. P. Enterprises and was earning a sum of Rs.12,000/- per month. He further stated that, owing to head injuries sustained as a result of the accident, he lost his employment and was bedridden. He further stated that he cannot move or walk, cannot do his daily routine work and is dependent on others for day-to-day work. 9. In this context, the testimony of the claimant as PW1 has also been considered by this Court. In this cross-examination, he states that he was a graduate and he was going to Gurugram for his personal work. Although he Digitally Signed By:MANISH KUMAR Signing Date:14.07.2026 17:13:05 Signature Not Verified MAC.APP. 624/2019 Page- 3/5 admitted that he had not filed any documentary proof regarding attendant charges, the nature and extent of his injuries can be clearly seen from the disability certificate as well as the testimony of PW2, the doctor. 10. Accordingly, having considered the nature of the injuries and the fact that the claimant was only 29 years of age at the time of the accident, the compensation towards attendant charges is enhanced to Rs.75,000/-. 11. Accordingly, the revised computation is as under: Sr. No. Heads Awarded by the Tribunal Awarded by this Court PECUNIARY LOSS 1. Expenditure on Medical Bills and medical treatment (A) *Rs. 1,65,000/- Rs. 1,65,000/- 2. Expenditure on conveyance (B) Rs. 25,000/- Rs. 25,000/- 3. Expenditure on special diet (C) Rs. 15,000/- Rs. 15,000/- 5. Attendant charges (D) Rs. 30,000/- Rs. 75,000/- 6. Income of injured per month(E) Rs.9,594/- Rs.9,594/- 7. Add: Future prospects (F) - 40% of Rs.9,594/- = 3,837.60 8. Multiplier (G) 17 17 9. Functional disability (H) 90% 90% 10 Loss of future income/future earnings [(E+F) x 12 x G x H] = (I) Rs. 17,61,500/- Rs. 24,66,041.76 NON-PECUNIARY LOSS 11 Pain and suffering (J) Rs. 5,00,000/- Rs. 5,00,000/- 12 Loss of amenities of life (K) Rs. 5,00,000/- Rs. 5,00,000/- 13 Total compensation (A + B + C + D + H + I+ J+ K) = L **Rs. 29,96,500/- Rs. 37,46,041.76/- (rounded off to Rs. Rs. 37,46,100/-) 14 Interest awarded 9% p.a. 9% p.a. * as directed by order dated 24th July 2018 of MACT. Digitally Signed By:MANISH KUMAR Signing Date:14.07.2026 17:13:05 Signature Not Verified MAC.APP. 624/2019 Page- 4/5 ** assessed after taking into consideration order dated 24th July 2018, whereby the MACT reduced the medical expenditure from Rs.2,74,208/- to Rs. 1,65,000/-. 12. Accordingly, the compensation is enhanced by Rs. 7,49,600/-. 13. Enhanced amount along with 9% interest per annum from the date of filing the petition shall be deposited before with the Registrar General of this Court within a period of four weeks. It is directed that a lump sum amount of Rs. 2,00,000/- shall be released to the claimant from the deposit of enhanced amount within a period of two weeks thereafter. Remaining enhanced amount, along with accrued interest, shall be kept in Fixed Deposit Receipts (FDRs) of Rs. 25,000/- each for periods of 3 months, 6 months, 9 months and so on, in succession as maybe calculated. Interest accruing on said FDRs shall be credited to the designated Savings Bank Account of claimant. The amount of FDRs on maturity would be released to the Savings Bank Account of claimant upon due verification. 14. By order dated 10th September 2018 passed in connect appeal, i.e. MAC.APP. 809/2018, this Court directed the Insurance Company to deposit the entire originally awarded amount before Registrar General of this Court, and by Order dated 21st May 2019, 70% of the awarded amount was directed to be released; the said amount had been released as per the scheme of disbursal, with the remaining amount to be kept in an interest-bearing fixed deposit. Remaining amount from the original compensation shall be disbursed as per the directions of MACT. 15. This amount will, of course, be subject to recovery rights which have already been granted in favour of Insurance Company vide separate judgment in MAC.APP. 809/2018. 16. Accordingly, the appeals stand disposed of with above directions. 17. Pending applications, if any, are rendered infructuous. Digitally Signed By:MANISH KUMAR Signing Date:14.07.2026 17:13:05 MAC.APP. 624/2019 Page- 5/5 18. Copy of this judgement shall also be sent to concerned bank. 19. Judgment be uploaded on the website of this Court. (ANISH DAYAL) JUDGE JULY 6, 2026/sm/bp By:MANISH KUMAR Signing Date:14.07.2026 17:13:05