Sanjay Mahto vs Nanhey Lal & Ors.
- Court
- Delhi High Court
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
st
% Date of decision: 21 August 2026
# CNR No. DLHC010663152025
+ MAC.APP. 581/2025
SANJAY MAHTO .....Appellant
Through: Mr. Harsh Pant, Adv.
versus
NANHEY LAL & ORS. .....Respondents
Through: Mr. Brijesh Bagga, Adv.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
ANISH DAYAL, J (ORAL)
1. This appeal has been filed seeking enhancement of compensation
awarded to the injured/claimant by the Motor Accidents Claims Tribunal,
Dwarka Courts, New Delhi (‘ MACT/Tribunal ’) in MACT 697/2016, by
st
award dated 21 April 2025.
2. Compensation of Rs. 11,45,600/- , along with interest at the rate of
7.5% per annum, was awarded by the impugned award in respect of the
injuries suffered by the appellant/claimant in an accident which occurred on
th
16 October 2010.
3. The appellant was a labourer working at J.K. Spun Pipes, Darbaripur
Road, near Haldiram, Gurgaon . While returning after unloading tiles at
Dwarka, New Delhi, he was travelling in a truck bearing registration No.
HR-55A-4274 , which collided with a stationary tractor-trolley. The truck was
being driven in a rash and negligent manner. Not only the appellant but also
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:31.08.2026
11:58:04
other occupants, including his brother, suffered grievous injuries. The claim
petition was filed and was defended by the Insurance Company of the
tractor-trolley.
4. Mr. Harsh Pant, counsel , appears for the claimant, while Mr. Brijesh
Bagga, counsel , appears for the Insurance Company.
5. Mr. Harsh Pant, counsel for the claimant, seeks enhancement on the
following counts:
i. Notional income was assessed on the basis of minimum wages of an
unskilled worker at Rs. 6,084/- per month, despite the appellant’s
stated income of Rs. 10,000/- per month.
ii. Functional disability was assessed at only 25%, despite 60%
permanent physical disability and amputation/disarticulation of the
left thigh, substantially affecting the appellant’s vocation as a
labourer.
iii. Inadequate compensation was awarded towards medical expenses,
despite medical bills and evidence of treatment having been placed on
record.
iv. Inadequate amounts were granted towards non-pecuniary heads.
v. Compensation awarded towards the prosthetic limb was inadequate.
Analysis
6. Firstly, it is contended that the Tribunal took the minimum wages of an
unskilled worker, i.e., Rs. 6,084/- applicable in Delhi , as the notional income,
although the appellant had stated on affidavit that he was earning Rs. 10,000/-
per month while working as a labourer. Since no payslip or other
documentary evidence was filed, the minimum wages applicable to an
unskilled worker were taken into consideration. On this account, counsel for
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:31.08.2026
11:58:04
the appellant has not been able to produce any further evidence regarding his
stated income of Rs. 10,000/- per month. No witness from the employer was
produced either. Accordingly, the minimum wages applicable to an unskilled
worker shall be sustained.
7. On the issue of functional disability , it is contended that the functional
disability was assessed at 25%, despite the appellant having suffered
permanent physical disability of 60%. It is noted that the claimant suffered
amputation of the left thigh and fracture of both bones of the left leg during
the course of treatment.
8. The Supreme Court in M. Paramesh v. VRL Logistics Ltd. 2026 INSC
655, which was a case of injury to a mason recorded that the vocation of the
injured would be completely affected and, accordingly, the functional
disability was assessed at 100% .
9. Mr. Brijesh Bagga , counsel for Insurance Company, has argued that,
with the prosthetic limb, the functional disability ought to be assessed at a
much lower percentage. However, in the opinion of this Court, and taking into
account the decision of the Supreme Court, even with a prosthetic limb, it
would be quite impossible for the appellant to continue working as a labourer,
although he may be equipped to undertake other forms of work which do not
require substantial physical mobility.
10. Accordingly, considering the fact that a prosthetic limb has also been
provided to the appellant and considering that the claimant-injured was
working as a labourer, his functional disability is assessed at 75% .
11. Thirdly , it was stated in the affidavit exhibited as Ex. PW1/A , that an
amount of Rs. 3,16,269/- had been spent on treatment, relying upon the
medical bills exhibited as Ex. PW1/3 . However, the MACT awarded only Rs.
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:31.08.2026
11:58:04
7,621/- against the bills of Sunrise Hospital, Gurgaon , on the ground that the
pharmacy bills and other bills were issued in the names of the other injured
persons, namely, Naresh Mahto and Ramesh .
12. Counsel for the appellant points out that, since the appellant was
injured, the expenses at that time were borne by his brother and
brother-in-law, who were attending to him and attempting to obtain proper
treatment for him. Accordingly, the bills were issued in the names of Naresh
Mahto and Ramesh, and there was no reason for the medical expense bills to
have been issued in their names otherwise. In fact, some receipts available
before this Court show that the money receipts were issued in the name of
Ramesh Mahto for scans of the brain, pelvis, knee and femur. This receipt was
th
issued on 08 July 2016. Accordingly, it may not be appropriate to consider
all the bills claimed as medical expenses.
13. Counsel for the appellant states that the Court may, in its discretion,
grant some estimated amount towards the expenses that may have been
incurred for such treatment.
14. For this purpose, the Court has examined the affidavit and evidence
filed by the appellant. In his examination by way of affidavit, he has stated
th
that he was admitted to Sunrise Hospital, Gurgaon , on 16 October 2010 and
was thereafter referred to Safdarjung Hospital, Delhi , for further treatment
th nd
and was treated from 16 October 2010 to 22 November 2010.
15. In the opinion of this Court, during the time he was being treated,
medical expenses would have been incurred towards consumables, medicines
and other incidental expenses, possibly continuously over a period of time.
Accordingly, an estimated amount of Rs. 1,00,000/- is granted towards
medical expenses.
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:31.08.2026
11:58:04
16. Further, an amount of Rs. 5,000/- was awarded to the injured towards
conveyance. The Court finds this amount to be highly inadequate, considering
that the appellant suffered amputation and disarticulation of the left thigh and
fractures of both bones of the left leg. Accordingly, compensation awarded
towards expenditure on conveyance is enhanced to Rs. 50,000/- .
17. The amount awarded towards special diet at Rs. 20,000/- is retained.
18. Attendant charges were awarded for three months at the rate of Rs.
5,000/- per month. In the absence of any other evidence regarding attendant
charges, the same shall be retained.
19. Towards pain and suffering, an amount of Rs. 50,000/- was awarded,
which this Court finds to be highly inadequate. The same is accordingly
enhanced to Rs. 1,50,000/- , considering the nature of injuries suffered by the
injured.
20. Towards loss of amenities and enjoyment of life, an amount of Rs.
20,000/- was awarded, which, in the opinion of this Court, is also inadequate
considering the standards otherwise applied in cases involving amputation
and serious disability. The same is accordingly enhanced to Rs. 1,50,000/- .
The amount of Rs. 50,000/- awarded towards disfigurement is retained.
21. Towards the provision of a prosthetic limb, the MACT has granted a
sum of Rs. 3,99,772/-, as mentioned in the quotation provided by Ideal
Artificial Limbs Solution, along with Rs. 50,000/- towards repair and
maintenance of the prosthetic limb.
22. As per the decisions of the Supreme Court in Mohd Sabeer Alias
Shabir Hussain v Regional Manager, UP State Road Transport
Corporation 2022 SCC OnLine SC 1701, the average life expectancy has
been considered to be 70 years, and replacement of a prosthetic limb has been
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:31.08.2026
11:58:04
contemplated every 5-7 years. Accordingly, since the appellant was 25 years
of age on the date of the accident and the life of one prosthetic limb is to be
considered as five years, he would require 8 further replacements.
23. In this regard, the Court also takes into account the recent decision of
the Supreme Court in Prahalad Sahay v. Haryana Roadways
2026:INSC:396, wherein, after considering the decision in Mohammad Sabir
( supra ) and other judgments, the Supreme Court awarded maintenance
expenses of Rs.15,000/- per annum for a block of 5 years, i.e. Rs.75,000/- .
24. Accordingly, an amount of Rs. 4,00,000/- is awarded towards each
replacement, along with an amount of Rs. 75,000/- towards maintenance for a
block of 5 years, as awarded by the Supreme Court. Accordingly, a total
compensation of Rs. 35,75,000/- [ (Rs. 4,00,000/- x 8) + (Rs. 75,000 x 5) ] is
awarded on account of future treatment/cost of artificial limb and
maintenance of Prosthetic Leg.
25. The amount awarded towards the prosthetic limbs shall be deposited
separately and shall be released to the claimant only upon production and
verification of an authentic bill issued by a reputed vendor.
26. Accordingly, the revised computation is as under:
Sr.
No
.
Heads Awarded by the
Awarded by
Tribunal
this Court
PECUNIARY LOSS
1. Expenditure on Medical Bills
and medical treatment (A)
Rs.7,621/- Rs. 1,00,000/-
2. Expenditure on conveyance
(B)
Rs.5,000/- Rs. 50,000/-
3 Expenditure on special diet
(C)
Rs.20,000/- Rs.20,000/-
4. Attendant charges (D)
(Rs.5,000 x 3 months)
Rs.15,000/- Rs.15,000/-
5. Income of injured per Rs.6,084 Rs.6,084
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:31.08.2026
11:58:04
month(E)
6 Loss of income (L)
(Rs.6,084 x 3 months)
Rs.18,252/- Rs.18,252/-
7. Add: Future prospects (F) 40% 40%
8. Multiplier (G) 18 18
9. Functional disability (H) 25% 75%
10. Loss of future income/future
earnings [(E+F) x 12 x G x
H] = (I)
Rs.4,59,950.40/- Rs. 13,79,851.20/-
NON-PECUNIARY LOSS
11. Pain and suffering (J) Rs.50,000/- Rs. 1,50,000/-
12. Loss of amenities of life (K) Rs. 20,000/- Rs. 1,50,000/-
13. Compensation for mental and
physical shock (M)
Rs.50,000/- Rs.50,000/-
14. Disfiguration Rs.50,000/- Rs.50,000/-
15. Compensation on account of
future treatment/cost of
artificial limb and
Maintenance of Prosthetic
Leg
Rs.4,49,772/- Separately awarded
16. Total compensation (A + B +
C + D + H + I+ J+ K+L+M) =
(N)
Rs.11,45,600/- Rs. 19,83,103.20/-
(rounded to Rs.
19,83,100)
17. Interest awarded 7.5% per annum 7.5% per annum
18. Enhanced compensation Rs. 8,37,500/-
19. Compensation on account of
future treatment/cost of
artificial limb and
Maintenance of Prosthetic
Leg
noted in Sr. no. 15 Rs. 35,75,000/-
* The amount has been calculated including the compensation awarded towards the artificial limb.
Conclusion
27. Accordingly, the compensation is enhanced to Rs. 8,37,500/-.
28. Enhanced amount, along with interest at 7.5% per annum from the date
of filing the petition, shall be deposited before MACT within a period of four
weeks.
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:31.08.2026
11:58:04
29. It is directed that upon such deposit, 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. 20,000/- each for periods of 1 month, 2 months, 3 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.
30. The originally awarded compensation shall continue to be disbursed as
per the scheme in the impugned award
31. Amounts towards prosthetic limbs, calculated at Rs. 35,75,000/-, shall
be deposited by appellant/Insurance Company before the MACT within a
period of six weeks as a separate amount, not garnering interest for the period
which has passed since the date of the accident. The amount, shall, however,
be kept in an interest-bearing Fixed Deposit Receipt (‘ FDR ’).
32. Amounts towards prosthetic limbs shall be released only upon
production of a verified original invoice and proof of payment from
authorised and reputed vendor.
33. Accordingly, the appeals stand disposed of with above directions.
34. Pending applications, if any, are rendered infructuous.
35. Copy of this judgement be sent to concerned MACT. Copy of this
judgement shall also be sent to concerned bank.
36. Judgment be uploaded on the website of this Court.
(ANISH DAYAL)
JUDGE
AUGUST 21, 2026/vs/ bp
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MAC.APP. 581/2025 Page- 8/9
Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:31.08.2026
11:58:04