Pawan Kumar @ Sonu v. Harsh & ORS.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 330/2023 PAWAN KUMAR @ SONU .....Appellant Through:

Mr. Chandan Prajapati, Mr. Vikrant Malwal, Mr. Abhinav Chaudhary, Mr. Mukul Kumar and Mr. Lakshay, Advocates.

versus HARSH & ORS.

.....Respondents Through:

Ms.

Nandita Gupta, Advocate (through VC)

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 13.03.2026 1.

Pursuant to the previous order dated 02nd February 2026, the medical condition of Sh. Pavan Kumar has been assessed by the Medical Board, Lok Nayak Jai Prakash Narayan Hospital, Delhi, and the said Disability Certificate below has been placed on record:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

Counsel for appellant, who seeks enhancement of compensation, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

requests that the matter be remanded to the MACT to lead additional evidence to demonstrate that, in this context, appellant's functional disability is much higher. Consequently, compensation towards loss of future income ought to have been granted, which was not granted at all by the MACT in its award dated 05th September 2022. 3.

Counsel for appellant, on instructions, submits that appellant has suffered serious injuries to the abdomen and that its functionality has been significantly reduced, which is not reflected in the Disability Certificate that was issued after a recent assessment. He submits that 'disability' in the certificate considered only the leg injury.

4.

Accordingly, the matter is remanded back to the MACT for allowing the appellant to lead evidence with respect to the functional disability, which could impact the assessment of loss of future income. Only to that extent, MACT may allow appellant to lead evidence and the Insurance Company to rebut the same and decide if any further compensation is to be granted.

5.

List before the MACT on 15th April 2026.

6.

Considering that it is an accident of 2016, and only compensation of Rs. 2,31,000/- has been awarded, MACT may expeditiously dispose of the matter.

7.

The appeal is, accordingly, disposed of.

8.

Pending applications, if any, are rendered infructuous. 9.

Order be uploaded on the website of this Court. ANISH DAYAL, J MARCH 13, 2026/RK/zb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.