Authority: High Court of Jharkhand at Ranchi
Order Date: 06 November 2026
Case Overview
- Appellant: United India Insurance Co. Ltd., Branch Manager, Deoghar.
- Respondents: 1) Gullu Soren (claimant, brother of the deceased), 2) Manoj Kumar Bhagat (owner of the tractor).
- Appeal against judgment and award dated 24 March 2017 by the Motor Accident Claims Tribunal (MACT), Pakur, Case No. 51 of 2013.
- Issue raised by insurer: deceased was a gratuitous passenger in the insured tractor, thus no liability. No evidence was produced to support this defence.
- Claimant’s version: deceased was a pedestrian struck by a rash‑driven tractor on 24 September 2002; evidence proved this.
- Tribunal had awarded Rs 2,04,000 compensation, based on an assumed monthly income of Rs 1,500, without considering loss of estate, funeral expenses, or consortium.
- Court noted deceased was an agricultural labourer earning Rs 6,000 per month; appropriate income for 2002 should be at least Rs 3,000 per month.
- Applying multiplier of 17 (age 30) and adjustments (50% of income for self‑consumption, 40% for future prospects), just compensation calculated as Rs 4,98,400.
- Court rejected insurer’s argument that claimant‑brother was not a dependent, citing precedent that dependency can be established by evidence.
Final Outcome
- Appeal dismissed; insurer ordered to pay revised just compensation of Rs 4,98,400 to the claimant, with interest at 6% per annum.
- Enhanced amount to be deposited in the Court within two months, with prior deposit adjusted against the statutory amount already paid.
- Upon deposit, the Registry will transfer the sum to the claimant’s bank account through regular banking channels.
- No order for costs was made.
Topics: Compensation, Insurance Law