Prakash Sriwal Vs Ram Subhag & Ors.

This appeal has been filed seeking enhancement of compensation awarded at Rs.12,36,041/- with 9% interest vide award dated 24^th May 2024 passed by Motor Accidents Claims Tribunal [‘ MACT ’], South District, Saket, in MACT Petition No. 95/2022.

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The accident occurred on 18^th October 2021, when appellant/claimant was returning home on his Splendor bike. When he reached near TB Hospital, Lado Sarai Red Light , a truck bearing no. DL-1-LT-7793 (hereinafter, ‘ offending vehicle ’) hit the appellant/claimant. Due to the said accident, appellant/claimant suffered 42% permanent physical impairment in respect of his right lower limb.

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Mr. Sunil Kumar, counsel for appellant/claimant, pleads that functional disability was taken at 21% for the whole body, whereas, appellant/claimant was engaged in doing RO repair work, therefore, functional disability should have been taken at 100%. Moreover, the MACT erred in taking Rs.20,000/- as

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This is a digitally signed order.

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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 10/07/2026 at 11:39:14

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monthly income as an estimate, whereas, the Income Tax Returns (‘ ITRs ’) consistently showed a higher income, particularly that of Assessment Year (‘ AY ’) 2021-2022 returning an income of Rs.4,98,000/- per annum.

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The Court notes that MACT has taken this aspect into account in paragraph no.32 of the impugned award, as part of the testimony of appellant/claimant. However, MACT noted that the ITRs for AY 2020-2021, 2021-2022 and 2022-2023 were not placed on record.

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Mr. Sunil Kumar , counsel for appellant/claimant, states that due to some oversight by the counsel, at that stage, same could not be placed on record, while some of these ITRs have now been placed on record in the appeal. He therefore, seeks remand of the matter to the MACT to place these on record. 6. Accordingly, matter is remanded back to the MACT for placing on record the ITRs, as desired by appellant/claimant, along with any other evidence with relation to his employment.

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MACT will accordingly adjudicate the notional income of appellant/claimant depending on the ITRs which are filed and any other evidence relating to employment if filed.

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The issue of functional disability will also be considered in view of any further evidence which is placed on record by appellant/claimant. 9. It is made clear that the Court, while reminding the matter back, has not expressed any opinion on merits of the matter. 10. Since no specific claim has been made against the offending vehicle which was admittedly insured, appearance of respondent no.1/driver and respondent no.2/owner is therefore exempted. This is basis the plea made by counsel for respondent no.2/owner which is concurred to by counsel for appellant/claimant.

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This is a digitally signed order.

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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 10/07/2026 at 11:39:14

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Copy of this order be sent to M r. Kanwar Kochhar , counsel for respondent no. 3/Insurance Company, for the record and further information. Additionally, Mr. Sunil Kumar , counsel for appellant/claimant, shall also provide a copy of this order to Mr. Kanwar Kochhar .

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Matter will be fixed before the MACT on 27^th July 2026.

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This appeal stands disposed of with above directions.

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Pending application is rendered infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JULY 6, 2026/sm/ sp

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This is a digitally signed order.

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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 10/07/2026 at 11:39:14

Prakash Sriwal v. Ram Subhag & Ors.

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Prakash Sriwal v. Ram Subhag & Ors.

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