Shibeet Prassana vs Jagroop & Ors

* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Reserved on : 27 July 2026
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Pronounced on : 02 September 2026
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Uploaded on : 03 September 2026

# CNR No. DLHC011610612013
+ MAC.APP. 1023/2013 & CM APPL 17797/2013
SHIBEET PRASSANA .....Appellant
Through: Mr. Himanshu Gupta, Advocate

versus

JAGROOP & ORS. .....Respondents
Through: Mr. A.K. Soni, Advocate

CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
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ANISH DAYAL, J.
1. This appeal has been filed by appellant/claimant seeking
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enhancement of compensation awarded by judgment dated 19 March
2013 passed by the Motor Accident Claims Tribunal
[‘ MACT/Tribunal ’], Central District, Tis Hazari Courts in Suit No.
44/2012, whereby compensation of Rs. 3,01,603/- along with interest
@9% per annum from the date of filing of the petition was awarded on
account of injuries sustained by Shibeet Prassana.
The accident
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2. On 13 November 2011, at about 2:20 p.m., the injured was
travelling along with three other persons in a TSR from Shanti Van
Signature Not Verified
Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
12:00:31
MAC.APP. 1023/2013 Page 1 of 15

towards Geeta Colony Flyover, Delhi, when the TSR was hit by Truck
bearing registered No. HR-74-6438, driven by respondent no. 1 in a rash
and negligent manner, resulting in grievous injuries to all the occupants.
As a result of the injuries sustained in the accident, three persons were
declared brought dead upon being taken to the hospital and injured
suffered grievous injuries. FIR No. 247/2011 was registered under
Sections 279/337/304A of the Indian Penal Code, 1860 (‘ IPC ’) at P.S.
Kotwali, Delhi, against the driver of the offending vehicle.
The impugned award
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3. The MACT noted that discharge summary of injured dated 14
November 2011, wherein the nature of injury has been stated to be
‘ traumatic C-6 fracture with cervical compressive myelopathy; titanium
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cage with plate was implanted ’ thereafter, injured was readmitted on 28
November 2011 for treatment of ‘ fracture of distal end radius with
fracture of C-6 vertebra; open reduction with ‘K’ wire fixation ’.
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Thereafter the injured was discharged on 30 November 2011 and since
then has continued physiotherapy.
4. The injured sustained 43% temporary disability in relation to spine
and left upper limb, which was non-progressive, likely to improve with
recommendation of reassessment in one year. The injured was a Flute
performer and was earning Rs. 10,000/- per month as was evident from
salary certificate and same has been corroborated by the testimony of
PW-3.
5. PW-1 stated that due to fracture of wrist bone he was unable to
flute and due to cervical fracture was unable to keep his head in one
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 2 of 15

position for long time. The MACT noted the testimony of PW-18 ,
member of disability board stated that there is possibility of further
improvement in condition of injured. Further, he also stated that there
was no restriction in shoulder and elbow movement but only restrictions
of wrist movement. In view of the above, the MACT awarded
compensation for a period of one year at Rs. 1,50,000/- on presumption
that injured would not be able to use flute for his vocation.
6. Compensation was also awarded under the head of medical
expenses at Rs. 7,603/- , physiotherapy charged was awarded at Rs.
45,000/- basis the bills/ vouchers and the testimony of PW-20 , loss of
income was awarded for 3 months at Rs. 30,000/-, Rs. 9,000/- was
awarded on account of special diet and conveyance and compensation of
Rs. 60,000/- was awarded on account of pain and suffering.
Proceedings before this Court
7. An application under Order XLI Rule 27 of the Code of Civil
Procedure, 1908 was filed on behalf of the claimant, seeking permission
to lead additional evidence. It was contended that, vide Disability
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Certificate dated 18 October 2012, the Medical Board had assessed 43%
temporary disability in relation to the spine and left lower limb, with
reassessment after one year. However, there was no improvement in the
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condition of the injured. This Court, vide order dated 14 October 2014,
directed that the injured be subjected to a fresh medical examination at
Hindu Rao Hospital and that a Medical Board be constituted to reassess
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his physical disability. As per the Disability Certificate dated 4 March
2015, the permanent physical disability of the injured was assessed at
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 3 of 15

32% in relation to the spine and left upper limb. The matter was admitted
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to the Regular List on 11 May 2016 and has remained on the Board
since then.
Submissions on behalf of Appellant
8. On the basis of the reassessment of disability and the fresh
Disability Certificate, whereby the permanent physical disability was
assessed at 32% in relation to the spine and left upper limb, it is
submitted that the injured is entitled to compensation towards loss of
future income. It is contended that the injured is a flautist belonging to
the Prasanna Musical Gharana of Banaras . Considering his vocation
and the fact that, owing to the implantation in the left wrist/forearm, he
suffers from disability of the fingers, rendering him incapable of playing
the flute, the functional disability, in terms of the judgment in Raj
Kumar v. Ajay Kumar , (2011) 1 SCC 343, ought to be assessed at 100%,
or at a sufficiently higher percentage. It is submitted that the injuries
sustained to the finger, wrist and neck have a grave impact on his
vocation as a flautist, which requires precise finger control, grip, wrist
movement, neck stability, posture and stamina.
9. As regards the income of the injured, reliance has been placed on
the certificate issued by Dhwani Audio & Visuals , which states that the
injured had been working with them as a flautist from July 2011 until the
date of the accident and was being paid Rs.10,000/- for his services. It is
further stated that he was kept on probation for six months, after which
he would have been given a permanent designation and his salary would
have been enhanced to Rs.15,000/-. It is also submitted that the injured
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 4 of 15

had variable and occasional income from performances at celebrations
and prayer meetings, ranging from Rs.5,000/- to Rs.15,000/-. It is
contended that, in the music profession, entry-level income is modest,
whereas future earning prospects are substantially higher, and therefore,
the income of the injured ought not to be assessed at the lowest level.
10. As regards the multiplier, it is submitted that the age of the injured
at the time of the accident was 20 years, as evidenced by the Aadhaar
Card placed on record. Accordingly, a multiplier of 18 ought to be
applied for calculating the loss of future income. It is further submitted
that future prospects ought to be awarded at 40% .
11. It is further contended that the injured continues to undergo
physiotherapy and should, accordingly, be awarded compensation
towards future medical and physiotherapy expenses.
12. Furthermore, it is contended that inadequate compensation has
been awarded under the non-pecuniary heads, namely, pain and suffering
and loss of amenities of life.
Submissions on behalf of Respondent
13. Mr. Shahi, counsel for the Insurance Company, contends that the
injured had claimed Rs.45,000/- towards physiotherapy charges, which
was corroborated by the testimony of PW-20. Accordingly, the Tribunal
awarded Rs.45,000/- under the said head, and there is no occasion for
interference with the same.
14. It is submitted that the lump-sum compensation of Rs.1,50,000/-
awarded by the Tribunal towards loss of future income for a period of
one year, on account of the temporary disability, ought to be deducted
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KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 5 of 15

from any compensation that may be awarded upon reassessment of the
disability and consequential calculation of loss of future income.
15. It is contended that the functional disability ought to be assessed at
50% of the permanent physical disability sustained by the injured.
16. It is further contended that the matter ought to be remanded to the
Tribunal for assessment of functional disability, as there is no evidence
on record to determine, in terms of the judgment in Raj Kumar ( supra ),
the extent to which the disability would affect the vocation and earning
capacity of the injured claimant.
17. It is contended that adequate compensation has been awarded by
the Tribunal towards pain and suffering and that no interference is
warranted under the said head.
Analysis
18. This is a peculiar case where the vocation of an upcoming
musician from an established musical gharana was brought to a halt by
an injury sustained in an accident, which damaged the very physical
faculties required for him to pursue his musical talent. The appellant was
a flautist belonging to the reputed Prasanna family, a musical gharana of
Banaras.
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19. The accident occurred on 13 November 2011, when appellant
was only 20 years of age and had a promising career ahead of him. The
accident left him with 43% temporary disability of the spine and left
upper limb. Although it was stated that the said injuries were non-
progressive and were likely to improve upon reassessment, the
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reassessment directed by this Court on 14 October 2014 reported a
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KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 6 of 15

permanent disability of 32% . The testimony of the members of the Board
who re-examined appellant therefore needs to be assessed to arrive at a
conclusion regarding his functional disability, particularly since the
functional disability was not taken into account by the MACT, which
awarded only a lump-sum amount of Rs. 1,50,000/- towards loss of
future income.
20. Dr. Arun Yadav , Senior Orthopaedic Surgeon, Hindu Rao
Hospital, was examined as AW-1 and was one of the members of the
Board constituted for re-assessment, who stated that the disability of
appellant was 32% in relation to spine and left upper limb and “ it was
permanent in nature ”. He stated that “ there were restricted movement of
the neck and the left wrist ”. He further stated in the cross-examination
that all members of the Disability Board were orthopaedic surgeons and
the other two members had also signed the Disability Certificate in his
presence and he reiterated that the disability was permanent in nature.
21. Appellant himself was examined as AW-2 , post reassessment and
he stated that he had spent a sum of Rs.48,000/- on his treatment after the
decision of the Trial Court and he annexed six receipts for the
physiotherapy payments. He had also annexed photographs of himself
playing flute prior to the incident as Ex.AW2/2. In his cross-
examination, he stated “ I am still under treatment and taking
physiotherapy till date ”.
22. The issue, therefore, arises with regards to the assessment of
functional disability with respect permanent physical disability being
certified at 32% in relation to the spine and the left upper limb, basis the
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 7 of 15

principles enunciated in Raj Kumar v. Ajay Kumar & Anr ., (2011) 1
SCC 343. The Supreme Court has categorically stated that triple test
needs to be applied, focusing on the vocation that the injured has and the
effect on the said vocation. The relevant paragraph is extracted as under:
“ 11. What requires to be assessed by the Tribunal is
the effect of the permanent disability on the earning
capacity of the injured; and after assessing the loss of
earning capacity in terms of a percentage of the
income, it has to be quantified in terms of money, to
arrive at the future loss of earnings (by applying the
standard multiplier method used to determine loss of
dependency). We may however note that in some cases,
on appreciation of evidence and assessment, the
Tribunal may find that the percentage of loss of
earning capacity as a result of the permanent
disability, is approximately the same as the percentage
of permanent disability in which case, of course, the
Tribunal will adopt the said percentage for
determination of compensation. (See for example, the
decisions of this Court in Arvind Kumar Mishra v. New
India Assurance Co. Ltd. [(2010) 10 SCC 254 : (2010)
3 SCC (Cri) 1258 : (2010) 10 Scale 298] and Yadava
Kumar v. National Insurance Co. Ltd. [(2010) 10 SCC
341 : (2010) 3 SCC (Cri) 1285 : (2010) 8 Scale 567] )
12. Therefore, the Tribunal has to first decide whether
there is any permanent disability and, if so, the extent
of such permanent disability. This means that the
Tribunal should consider and decide with reference to
the evidence:
(i) whether the disablement is permanent or
temporary;
(ii) if the disablement is permanent, whether it is
permanent total disablement or permanent partial
disablement;
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 8 of 15

(iii) if the disablement percentage is expressed with
reference to any specific limb, then the effect of such
disablement of the limb on the functioning of the entire
body, that is, the permanent disability suffered by the
person.
If the Tribunal concludes that there is no permanent
disability then there is no question of proceeding
further and determining the loss of future earning
capacity. But if the Tribunal concludes that there is
permanent disability then it will proceed to ascertain
its extent. After the Tribunal ascertains the actual
extent of permanent disability of the claimant based on
the medical evidence, it has to determine whether such
permanent disability has affected or will affect his
earning capacity.
13. Ascertainment of the effect of the permanent
disability on the actual earning capacity involves three
steps. The Tribunal has to first ascertain what
activities the claimant could carry on in spite of the
permanent disability and what he could not do as a
result of the permanent disability (this is also relevant
for awarding compensation under the head of loss of
amenities of life). The second step is to ascertain his
avocation, profession and nature of work before the
accident, as also his age. The third step is to find out
whether (i) the claimant is totally disabled from
earning any kind of livelihood, or (ii) whether in spite
of the permanent disability, the claimant could still
effectively carry on the activities and functions, which
he was earlier carrying on, or (iii) whether he was
prevented or restricted from discharging his previous
activities and functions, but could carry on some other
or lesser scale of activities and functions so that he
continues to earn or can continue to earn his
livelihood. ”
(emphasis supplied)

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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 9 of 15

23. In fact, the aspect of functional disability and the aspect of
vocation has been recently considered by the Supreme Court in M
Paramesh v VRL Logistics ltd. 2026 SCC OnLine SC 1188. The relevant
paragraph is extracted as under:
“ From the above observations in Raj Kumar(supra), it
becomes crystal clear that though the physical
disability may be assessed at a particular percentage,
the functional disability affecting earning capacity
may, depending upon the nature of avocation carried
on by the injured, be assessed at a higher percentage
including 100%. The assessment of compensation in
cases of permanent disability cannot be undertaken by
mechanically applying the percentage of physical
disability as the percentage of economic loss.
23. There is no dispute with regard to the fact that the
appellant was working as a mason at the time of the
accident. The work of a mason is essentially a physical
and manual avocation requiring continuous use and
support of both legs. The material on record further
reveals that on account of the injuries suffered in the
accident, the appellant underwent amputation of his
right leg above the knee.
24. By virtue of the aforesaid amputation, the appellant
has effectively lost his capacity to continue the work of
a mason which was admittedly the sole avocation being
pursued by him for earning his livelihood. It is not even
the case of the respondents that the appellant was
engaged in any other sedentary occupation or that
despite the amputation suffered by him, his earning
capacity remained unaffected.
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KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 10 of 15

25. The amputation of the right leg above the knee has
not merely caused physical disability to the appellant
but has rendered him incapable of effectively carrying
on the manual and physical work which constituted his
only source of livelihood. In such circumstances,
restricting the loss of earning capacity to 70% merely
on the basis of physical disability would not be
justified .”
24. Playing the flute requires not only a stable and erect posture but
also dexterity and refined movement of both hands. Certainly, the aspect
of functional disability, insofar as it relates to his profession and musical
talent, would have been substantially affected. It may be presumed that,
with extensive physiotherapy, he might eventually have been able to play
the instrument; however, on an assessment of the facts and
circumstances, such a possibility appears unlikely. Appellant has
specifically stated that the little finger of his left hand has remained
unresponsive, rendering him unable to properly hold and play the flute,
which requires precise finger control, grip, wrist movement, neck
stability, posture, stamina, and continuity of performance. The other
aspect that has to be considered, in terms of the principles of the triple
test laid down in Raj Kumar ( supra ), is whether appellant would
nevertheless be able to pursue a vocation other than that of a flautist.
25. This possibility cannot be ruled out, particularly considering that
appellant was only 20 years of age at the time of the accident and could
have pursued other forms of employment, including occupations
connected with the field of music, other than performing as a flautist. It
cannot, therefore, be said that he is 100% functionally disabled.
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 11 of 15

However, the permanent physical disability certified at 32% may
reasonably be assessed as 50% functional disability, having regard to
appellant's profession as a flautist. Accordingly, the loss of future income
would have to be assessed on that basis.
26. Appellant stated that he was earning Rs. 10,000/- per month from
an entity known as Dhwani Audio and Visuals , which had also issued a
certificate in this regard. His income was stated to be Rs.10,000/- per
month, with the possibility of an increase to Rs. 15,000/- per month. It
was further stated that he had variable and occasional income from
performances at celebrations, prayer meetings, and other events, ranging
from Rs. 5,000/- to Rs. 15,000/- per month at the relevant time. It is
contended that, in the music profession, entry-level income is modest,
whereas future earning prospects are substantially higher, and therefore,
the income of the injured ought not to be assessed at the lowest level.
27. Considering that there is no other assessment for considering the
benchmark income on the basis that he was having a fixed income of
Rs.10,000/-, the base monthly income could be considered on a broad
estimate as Rs.15,000/- per month, taking into account that additional
income he might have earned through extra performances.
28. Considering the age of the injured appellant as 20 years, future
prospects are assessed at 40% , and a multiplier of 18 is applicable in
terms of the principles laid down in National Insurance Co. Ltd. v.
Pranay Sethi, (2017) 16 SCC 680.
29. From the amount so calculated, a sum of Rs. 1,50,000/- shall be
deducted, being the amount already awarded by the MACT as a lump-
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 12 of 15

sum compensation towards loss of future income for a period of one
year.
30. Future medical and physiotherapy expenses have been claimed at
Rs. 5,00,000/- on the basis of the affidavit filed by appellant. The
evidence filed in 2015 records that he had already incurred an
expenditure of Rs. 48,000/- towards physiotherapy. He also relied upon
the report of Dr. B.C. Jain , Senior Consultant, Ortho. Surgery, Saroj
Hospital and Heart Institute, Rohini, who stated that the X-ray report
revealed that ‘ the disc space has been between cervical vertebra C6 and
C7 has been reduced resulting in affecting nervous system and the
movement of the hand ’ and that he requires ‘ physiotherapy exercises for
whole of his life ’. In these circumstances, and considering that only Rs.
45,000/- had been awarded towards future medical expenses, an
additional amount of Rs. 2,00,000/- is awarded as compensation under
this head.
31. Towards pain and suffering, the compensation awarded was Rs.
60,000/-. Considering the nature and extent of the injuries and the
circumstances of the case, the same is enhanced to Rs. 1,50,000/-. As
regards loss of amenities, since the injury has seriously affected the
appellant's livelihood and his ability to enjoy his life as an artist, an
amount of Rs. 5,00,000/- is awarded under this head. No further amount
is warranted towards conveyance, special diet, or attendant charges, as
claimed. Accordingly, no enhancement is required under those heads.
Loss of marriage prospects has also been claimed; however, in the
opinion of this Court, the same is adequately subsumed within the
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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 13 of 15

compensation awarded towards loss of amenities and, therefore, no
separate amount is awarded under this head.
32. The revised compensation is computed as under:
S. no. Heads Awarded by the
Awarded by
Tribunal
this Court
PECUNIARY LOSS
1. Expenditure on Medical
Bills and medical treatment
(A)
Rs.7,603/- Rs.7,603/-
2. Expenditure on special diet
and conveyance (B)
Rs.9,000/- Rs. 9,000/-
3. Physiotherapy charges (C) Rs. 45,000/- Rs. 45,000/-
5. Income of injured per
month(E)
Rs.10,000/- Rs. 15,000/-
6 Loss of income (L) Rs.30,000/- Rs. 45,000/-
7. Add: Future prospects (F) Nil 40% of Rs. 15,000= Rs.
6,000/-
8. Multiplier (G) Nil 18
9. Functional disability (H) Nil 50%
10. Loss of future
income/future earnings
[(E+F) x 12 x G x H] = (I)
Rs. 1,50,000/- Rs. 22,68,000/-
NON-PECUNIARY LOSS
11. Pain and suffering (J) Rs.60,000/- Rs.1,50,000/-
12. Loss of amenities of life
(K)
Nil Rs. 5,00,000/-
14. Total compensation (A + B
+ C + D + H + I+ J+
K+L+M) = (N)
Rs. 3,01,603/- Rs. 30,24,603/-
15. Interest awarded 9% per annum 9% per annum
16. Enhanced compensation Rs. 27,23,000/-


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Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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MAC.APP. 1023/2013 Page 14 of 15

33. For the aforesaid reasons, compensation has been enhanced by
Rs.27,23,000/- [‘ enhanced amount ’].
34. It is therefore directed that the Insurance Company shall deposit
enhanced amount along with 9% interest per annum from the date of
filing the petition before MACT 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. 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.
35. Accordingly, the appeal is allowed and disposed of.
36. Pending applications, if any, are rendered infructuous.
37. Judgement be uploaded on the website of this Court.

(ANISH DAYAL)
JUDGE
SEPTEMBER 02, 2026/MK/ zb

Signature Not Verified
Digitally Signed By:RAHUL
KUMAR CHOUDHARY
Signing Date:03.09.2026
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