Synopsis

The insurer appealed against a Motor Accidents Claims Tribunal (MACT) award granting compensation to a 21‑year‑old claimant who suffered 90% permanent disability (paraplegia) after a Swift car driver suddenly opened the car door without checking for oncoming traffic, causing the claimant’s motorcycle to collide with the door. The insurer argued contributory negligence (claimant driving too close) and challenged the award of attendant charges and the assessment of functional disability at 90%. The High Court dismissed the appeal, holding that: (i) opening a car door without checking traffic is an act of sheer negligence; (ii) Regulation 23 of the Rules of the Road Regulations, 1989 (maintaining safe distance) does not absolve the offending driver; (iii) lump sum attendant charges of Rs. 3,50,000 were reasonable; and (iv) the MACT correctly assessed functional disability at 90% given the claimant’s paraplegia and loss of earning capacity.

Court: High Court of Delhi
Coram: Anish Dayal, J.
Date: March 30, 2026
Citation: Not explicitly provided (likely 2026:DHC:xxxx)
Core Law: Motor Vehicles Act, 1988 – Sections 166 (claim for compensation), 173 (appeals); Tort Law – Negligence, Contributory Negligence; Assessment of Functional Disability.

2. Legal Framework

• Motor Vehicles Act, 1988: Section 166 (claim for compensation), Section 173 (appeals against award).

• Rules of the Road Regulations, 1989: Regulation 23 – driver following another vehicle must keep sufficient distance to avoid collision if the vehicle in front suddenly slows down or stops.

• Tort Law – Negligence: Contributory negligence – burden on the party alleging it.

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