Authority: High Court of Jharkhand at Ranchi

Order Date: 17 July 2026

Case Overview

  • Parties: Appellant Kedar Nath Ambastha (resident of Ranchi) and his son Nishi Kant versus United India Insurance Co. Ltd (Divisional Manager). Two appeals, M.A. No. 398 of 2014 and M.A. No. 317 of 2014, were consolidated as they challenge the Motor Accident Claims Tribunal award dated 03 May 2014 in Compensation Case No. 10 of 2004.
  • The insurance company’s appeal (M.A. No. 317) contended that the claimant was negligent while driving his son’s scooter and that the policy excluded driver injury, relying on several prior judgments.
  • The claimant’s appeal (M.A. No. 398) argued that the accident occurred when a dog and an elderly man stepped onto the road, forcing the claimant to brake suddenly, resulting in a fall and injuries; it asserted that a comprehensive policy covered the driver and that an injury certificate had been produced.
  • Evidence presented included the accident description, an injury certificate showing a comminuted intra‑articular fracture of the proximal tibia, surgery performed on 15‑Jan‑2013, two‑month hospitalization, absence of permanent disability, lack of FIR, and policy documents (Ext‑C and Ext‑B) confirming coverage for a driver with a valid licence.

Final Outcome

  • The Court dismissed the insurance company’s appeal (M.A. No. 317), finding no evidence of claimant negligence and confirming that the policy provided coverage.
  • The Court partially allowed the claimant’s appeal (M.A. No. 398) and enhanced compensation as follows:
  • Medical expenses, hospitalisation, medicines, transportation, food, and miscellaneous expenses increased by Rs 20,000 for attendant charges, raising the total to Rs 80,000.
  • Non‑pecuniary damages (pain & suffering and loss of amenities) increased by Rs 30,000, raising each from Rs 10,000 to Rs 25,000.
  • Total compensation revised from Rs 1,32,724 to Rs 1,82,724.
  • Interest at 6% per annum was ordered from the date of filing of the claim petition (rather than from the award date) until realisation.
  • United India Insurance Co. Ltd. is directed to deposit the enhanced amount, after adjusting any prior payments and statutory deposits, within six weeks, with the Registry to transfer the sum directly to the claimant’s bank account via regular banking channels.

Topics: Compensation, Insurance Liability