$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 414/2026 & CM APPL. 42799/2026 CM APPL. 42800/2026 CM APPL. 42801/2026 IFFCO TOKIO GENERAL INSURANCE CO LTD .....Appellant Through: Mr. Brijesh Bagga, Adv with Ms. Mouli Sharma, Adv. versus MASTER YOGESH & ORS. .....Respondent Through: Mr. Vishal Arun Mishra, Adv along with Ms Suman Kumari, Advocates. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 10.07.2026 1. This appeal has been filed by Insurance Company, assailing the award dated 06th September 2025, passed by the Motor Accidents Claims Tribunal (‘MACT/Tribunal’), Central District, Tis Hazari Courts, in MACT No. 549/2020, whereby compensation of Rs. 69,76,056 /- along with interest @ 9% per annum was awarded. 2. Mr. Brijesh Bagga, counsel for Insurance Company, challenges the grant of functional disability at 100% by the MACT despite the psychiatric/ psychological disability of the claimant being certified between 71% and 99% and that too temporary in nature. 3. Mr. Vishal Arun Mishra, counsel appears through VC for respondent no.1. 4. The Court has perused the impugned award passed by the MACT. The Court notes that the injured/ claimant was 4 years of age at the time of the accident that occurred on 15th November 2019. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2026 at 11:42:15 5. The injured minor/claimant was playing in front of his house and in the meantime, a car driven by the driver at a very high speed, rashly and negligently without blowing any horn, hit the claimant as a result of which he received grievous injuries including multiple fracture injuries on his head and besides other injuries and became permanently disabled. 6. Injured was hospitalized in Jeevan Mala Hospital on 15th November 2019 to 19th April 2020 and continued to undergo treatment for about six months. He was studying in Nursery class. The MACT found that the accident took place on account of rash and negligent driving by the driver of the offending vehicle. 7. While assessing the extent of disability, the MACT has undertaken a detailed analysis in paragraphs 18 and 19 of the impugned award. As per the opinion of PW-2, the doctor and as per Exhibit PW-2/1, Disability Certificate, injured had suffered 71% to 99% psychiatric/psychological disability with the condition likely to improve and temporary in nature and reassessment to be done after 8 years. 8. Having assessed the testimony of PW-2 the MD Psychiatry/Senior Resident of GB Pant Hospital, the MACT noted that there was very little scope of improvement on the behavioral aspect of the claimant and the next assessment was only after 8 years. 9. PW-2's testimony also showed that behavioral disturbance shown by the claimant had multiple facets including self-harming tendencies to destruction proclivity and loss of affection and love towards the family. Further, it was noted that he was to be managed or protected at all times by family members or an attendant to ensure his safety. PW-2 also stated that his chances to return to normal behavior were feeble. In this context, the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2026 at 11:42:15 assessment of functional disability at 100% was not amiss on behalf of the Tribunal and the Court is not inclined to intercede in the same. 10. As regards, issue of grant of interest @9% per annum. Reliance can be placed upon the judgment of the Supreme Court in Kaushnuma Begum (Smt.) & Ors. v. New India Assurance Co. Ltd. & Ors., (2001) 2 SCC 9 wherein, while interpreting the powers of the Tribunal under Section 171 of the MV Act to award simple interest on compensation from the date of institution of the claim petition, it was observed that the rate of interest awarded by nationalised banks on fixed deposits ought to serve as the guiding factor while determining the rate of interest payable on compensation amounts. 11. In the facts of the present case, since the long-term fixed deposit rates offered by nationalised banks during the year 2019, were 7.5%, the interest on the compensation is accordingly modified to 7.5% per annum from the date of filing of the claim petition, as opposed to 9% per annum awarded by the Tribunal. 12. The Insurance Company will deposit the entire amount of the compensation, along with interest @ 7.5% per annum, before the MACT within a period of four weeks, which will be released as per the directions of the Tribunal in the impugned award. 13. Appeal is disposed of with the aforesaid directions. Pending applications are rendered infructuous. 14. Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 10, 2026/RK/zb This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2026 at 11:42:15