Authority: High Court of Uttarakhand at Nainital

Order Date: 25.09.2026

Case Overview

  • Parties: Appellant – Reliance General Insurance Co. Ltd.; Respondents – Smt. Salomi Chandra and others (claimants).
  • Nature of Proceeding: Appeal under Section 173 of the Motor Vehicles Act against the Motor Accident Claims Tribunal (MACT), Uttarkashi order dated 06.07.2018.
  • Accident Details: On 14.09.2016 at ~3:05 pm, a vehicle (Max) bearing registration No. UK‑10‑TA‑0086, traveling from Dehradun towards Uttarkashi, fell into a gorge ~300 m deep near village Dolsi on Nagun‑Bhavan Road due to rash and negligent driving. The deceased, Rajesh Chandra, aged 48, died on the spot. FIR lodged on 15.09.2016 at Thatyur Police Station, Tehri Garhwal; inquest and post‑mortem conducted.
  • Deceased’s Employment: Surveillance Inspector (Malaria), Health Department, Uttarkashi; monthly salary Rs 54,305.
  • Tribunal Findings (MACT):

1. Accident caused by rash/negligent driving of the driver.

2. Vehicle insured with Reliance General Insurance Co. Ltd.; driver held a valid licence; vehicle documents valid.

3. Compensation calculated using the deceased’s salary slip (Paper No. 9 Ga‑1). Net monthly income after deductions taken as Rs 45,105, yielding annual income Rs 5,41,260.

  • Compensation Awarded: Rs 56,44,104 plus interest at 6% per annum.
  • Appellant’s Grounds of Appeal: Alleged that the Tribunal did not properly assess the deceased’s income and that the compensation amount was excessively high.
  • Respondents’ Counter‑Argument: Salary slip was on record; Tribunal correctly considered net salary of Rs 45,105 and derived annual income accordingly.

Final Outcome

  • The High Court examined Para 18 of the Tribunal’s order and concluded that the salary of the deceased was duly considered; no error in computation was found.
  • The appeal was dismissed as lacking merit.
  • Reliance General Insurance Co. Ltd. is directed to remit the balance of the compensation amount to the Tribunal within 45 days from the order date.
  • The Registry is directed to remit the mandatory deposit to the Tribunal forthwith, and the original record is to be transmitted to the concerned Tribunal.

Topics: Motor Accident Compensation, Insurance Law