Authority: Uttarakhand High Court
Order Date: 26-10-2026
Case Overview
- Parties: Oriental Insurance Company Ltd (petitioner/appellant) vs Rajvimal Dagar (respondent) and claimants (family of the deceased).
- The dispute stems from a motor accident on 10 June 2016 where a Zest car (Reg No. UP14-CM-4830) collided with a Tata Magic (Reg No. UK18-TA-0175) near Police Post Shivrajpur, resulting in the death of Smt. Reeta Dagar, a Government Bal Vikas Adhikari.
- The Motor Accident Claims Tribunal, 2nd Additional District Judge, Kashipur, in MACP No. 281 of 2016, awarded compensation of ₹64,60,360 plus interest at 7.5% per annum to the claimants.
- Oriental Insurance challenged the quantum, arguing the monthly income of the deceased should be ₹31,648 (based on March‑April 2016 salary) rather than ₹35,751, and that allowances should be excluded.
- Claimants contended the tribunal correctly used authenticated salary slips and applied the Supreme Court principles from National Insurance Co. v. Pranay Sethi (2017) regarding future prospects.
Final Outcome
- The Court found no material error in the tribunal’s assessment of income or inclusion of allowances and held the award justified.
- The appeal is dismissed; the statutory amount, if already deposited, shall be remitted to the tribunal for adjustment, and any balance released to the claimants as per tribunal directions.
Topics: Motor Accident Compensation, Insurance Litigation