Authority: High Court of Uttarakhand at Nainital

Order Date: 18.09.2026

Case Overview

  • Parties: Appellant Laxman Singh vs. Respondents Reliance General Insurance Company Limited and others (including National Insurance Company Limited as insurer).
  • Proceedings: Appeal filed against Order No. 576 of 2017 and judgment dated 12.06.2015 of the Motor Accident Claims Tribunal / Additional District Judge, Khatima, in Motor Accident Claim Petition No. 187 of 2012.
  • Accident Details: On 10.08.2010 at 8:00 pm, while riding a motorcycle with Mr. Lalit Mohan, a truck bearing No. HR38H‑6845 collided rashly, causing serious injuries to the appellant and the death of Mr. Lalit Mohan on the spot. FIR No. 79 of 2010 was lodged at Thana Nanakmatta.
  • Claimant Background: At the time of the accident, the appellant was a Class IX student.
  • Medical Treatment: Treated at Sai Hospital, Haldwani, incurring approximately Rs 1.5 lakh in expenses. The appellant sought compensation of Rs 3 lakh for injury and loss.
  • Defence: The insurer, National Insurance Company Limited, and the driver (respondent 2) filed written statements denying the claim. Respondents 4 and 5 (owner and others) also denied the claim.
  • Tribunal Award (12.06.2015): Total compensation of Rs 96,107 awarded against the insurance company, broken down as follows:
  • Rs 81,107 for medical bills and hospital charges (based on papers 6Ga/12‑18, 6Ga/19, 6Ga/22, 6Ga/27, 6Ga/21, 6Ga/23, 6Ga/25, 6Ga/26, 6Ga/28, etc.).
  • Rs 5,000 for loss of income during hospital stay.
  • Rs 5,000 for loss of earning and suffering.
  • Appellant’s Grounds of Appeal: Alleged that the tribunal omitted compensation for CT‑scan costs, other medical bills, and attendant charges; claimed hospitalization for 15 days and severe memory loss.
  • Respondent’s Counter‑Arguments: Asserted that all medical bills presented were already accounted for in the Rs 81,107 award; no CT‑scan bill was on record; therefore no additional compensation warranted.
  • Court’s Reasoning: The High Court examined the record, noted that the tribunal had considered all submitted medical documents, and found no evidence of unclaimed expenses. Consequently, the court saw no infirmity in the tribunal’s award.

Final Outcome

  • The appeal is dismissed; the original award of Rs 96,107 stands.
  • The original record is to be transmitted back to the Tribunal.
  • Any pending applications, if any, are disposed of accordingly.

Topics: Motor Accident Compensation, Insurance Law