High Court of DelhiMAC.APP./650/2024

Dr Shyam Sunder Sharma v. Icici Lombard General Insurance Company Limited And ANR

2026-04-10Hon'Ble Mr. Justice Anish Dayal6 pages

$~55 & 56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 650/2024 DR SHYAM SUNDER SHARMA .....Appellant Through:

Mr. Manish Maini, Ms. Aastha Chauhan, Advocates.

versus ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED AND ANR .....Respondents Through:

Mohd.

Mustafa, Advocate for Respondent no.1.

(56) + MAC.APP. 47/2025 SH AKSHAY KUMAR SHARMA .....Appellant Through:

Mr. Manish Maini, Ms. Aastha Chauhan, Advocates.

versus ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.

AND ANR.

.....Respondents Through:

Mohd.

Mustafa, Advocate for Respondent no.1.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 10.04.2026 CM APPL. 23293/2026 (for early hearing) in MAC.APP.650/2024 This application has been filed seeking early hearing of C.M. APPL No. 72301/2024 for leading additional evidence. In view of facts and circumstances stated in the application, the same is allowed and disposed of.

MAC.APP. 650/2024 along with CM APPL. 72301/2024 (leading additional evidence) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mr. Manish Maini, counsel for claimant, submits that an application dated 13th December 2022 seeking permission to lead additional evidence before the Motor Accident Claims Tribunal, North-West District, Dwarka Courts, New Delhi ('MACT') regarding fresh medical assessment and additional medical treatment, was neither discussed nor appreciated in the impugned Award dated 17th September 2024. This has caused great injustice to appellant/injured, who has undergone continuous hospitalization post the accident which had occurred on 23rd December 2014. It is stated in the said application that, due to the accident, the appellant sustained post traumatic fracture shaft femur (L), fracture patella and fracture Tibia (L) involving shortening of left lower limb. The treatment history, as set out in the application in tabulated form, is extracted therein for reference.

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

Mr. Maini submits that the appellant has been undergoing continuous medical treatment and that the injuries have not yet healed. It is further submitted that two Permanent Disability Certificates have been issued by different government hospitals, one of which assesses the appellant's disability at 49% permanent locomotor disability, along with a shortening of 3.5 inches in respect of the left lower limb. These Disability Certificates were placed on record as part of the application before the MACT; however, they were not considered. Instead, the MACT relied only on an earlier Disability Certificate assessing 12% physical disability in relation to the left lower limb, with shortening of 2 inches. It is, therefore, submitted that unless the actual medical condition is duly appreciated, the compensation awarded would not be just and reasonable.

Mr. Mustafa, counsel appearing for the insurance company, however, relies upon the impugned award to state that the Disability Certificate has already been considered.

Having appreciated the facts and circumstances stated in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

application and that the evidence was already moved before the MACT, this Court is of the opinion that the matter be remanded back to the MACT for re-examination to the extent of the current disability. 6.

For this purpose, the MACT shall decide whether to have the appellant re-examined by a Medical Board or to consider the Disability Certificates already placed on record.

Pursuant to the decision regards the assessment of physical disability, the compensation would be re-computed by the MACT, if so necessary. 8.

Needless to state, all pleas of the Insurance Company shall remain open.

List before the MACT on 27th April 2026.

10.

Considering that only re-examination of medical evidence is required, the MACT shall endeavour to conclude the proceedings within a period of three months.

11.

Appeal stands disposed of in above terms. Pending application, if any, are rendered infructuous.

12.

The date already fixed i.e. 17th September 2026, stands cancelled. CM APPL. 23275/2026 (early hearing) in MAC.APP. 47/2025 This application has been filed seeking early hearing of the appeal listed for 17th September 2026.

In view of facts and circumstances stated in the application, the application is allowed and disposed of.

MAC.APP. 47/2025 The present matter relates to the injured appellant/Akshay Kumar Shama, son of Dr. Shyam Sunder Sharma, both of whom sustained injuries in the same accident. Despite serious grievous injuries being received by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

appellant/Akshay Kumar Shama including, fracture in both bones (femur & tibia) on his left leg and a steel implant having been inserted, and continued OPD treatment and had undergone bone grafting, no Disability Certificate was issued by the DDU hospital, despite being examined. On 1st February 2016 Medical Board opined that patient is having no permanent disability at this stage and the injuries have not yet healed. According to the appellant, the medical assessment was premature. Pursuant to COVID-19 pandemic, an application was filed on 13th December 2022 for assessment of medical disability before the MACT. However, said application was not considered while passing the impugned Award. 3.

Accordingly, the matter is remanded to the MACT for assessment of the medical disability of the appellant.

Pursuant to the results of the Medical Board, if required, there shall be a re-computation of compensation.

For the said purpose, list before the MACT on 27th April 2026. 6.

Needless to state, all pleas of the Insurance Company shall remain open.

Appeal stands disposed of in above terms. Pending applications, if any, are rendered infructuous.

The date already fixed i.e. 17th September 2026, stands cancelled. 9.

Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 10, 2026/ak/zb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.