Authority: Uttarakhand High Court (Bench of Hon'ble Alok Mahra, J.)

Order Date: 16.09.2026

Case Overview

  • Parties: Oriental Insurance Company Limited (Appellant) vs. Shri Harvansh Singh (Respondent) concerning the death of Ranjit Singh, son of the respondent.
  • Proceedings: Appeal against the Motor Accident Claims Tribunal (Additional District Judge, Khatima) award dated 29.03.2013 in MACP No.452 of 2011.
  • Accident Details: On 26.11.2011, Ranjit Singh was struck by a Mahindra Bolero (Reg. No. UK-06-L-2144) while returning from his agricultural field; the driver attempted to save a child crossing the road. Ranjit Singh sustained grievous injuries and died at the spot.
  • Licence Issue: The insurer challenged the validity of the driver’s licence (Respondent No.4). The R.T.O., Bareilly report confirmed the original licence No.2/7/7 dated 08.12.1997 was validly issued and later renewed after Uttarakhand’s formation, with verification from R.T.O., Haldwani. The court found no basis to reject the licence’s validity.
  • Compensation Computation Issue: Both parties agreed the Tribunal erred in using a dependency multiplier of 13. Supreme Court precedent (National Insurance Co. Ltd. Vs. Pranay Sethi, 2017) requires the multiplier to be based on the deceased’s age. Considering the deceased’s age, the appropriate multiplier is 18.
  • Financial Calculations: Monthly income of the deceased assessed at ₹3,000 (annual ₹36,000). As he was unmarried, 50% deducted for personal expenses, leaving ₹18,000 annual contribution to family. Applying multiplier 18 yields loss of dependency ₹3,24,000. Adding conventional heads ₹4,500 results in total compensation ₹3,28,500. Interest at 6% per annum is also directed.

Final Outcome

  • The original award dated 29.03.2013 is modified: multiplier changed from 13 to 18; total compensation revised to ₹3,28,500 with 6% per annum interest.
  • Oriental Insurance Company Limited must satisfy the modified award within six weeks from the judgment date, adjusting any amount already deposited.
  • Any statutory amount already deposited by the insurer shall be remitted to the Tribunal for adjustment against the revised award; any balance will be released to the claimants as per Tribunal directions.

Topics: Compensation, Motor Accident, Insurance