IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR, J.
Miscellaneous Appeal No.1188 of 2016
(11.11.2025)
Manju Devi & Ors. ... Appellants
vs.
United India Insurance Company Ltd. & Anr. ... Respondents
Motor Vehicles Act, 1988 – Section 166 – Death caused by motor vehicle accident – Claim of compensation – Nature of proceeding – A proceeding arising out of a claim petition for compensation in regard to motor accident is neither a suit nor an adversarial lis in the traditional sense – Even the rules of pleadings do not strictly apply in such proceeding and the tribunal is required to follow a summary procedure as it deems fit – Moreover, the standard of proof applicable in such proceeding is "preponderance of probability" and not "proof beyond all reasonable doubt" as followed in criminal case – It is also well settled that in motor accident claim cases, once foundational fact, namely the actual occurrence of the accident, has been established, the role of the tribunal is only to calculate the quantum of just compensation, if the accident has taken place by reasons of the negligence of the driver of the vehicle, and while doing so, the tribunal is not strictly bound by the pleadings of the parties – In the present case, in view of monthly income of Rs. 15,000/- of the deceased, his annual income would work out to Rs. 1,80,000/- and he 30 yrs. Of age – Calculating the just compensation, in view of several judicial decisions, the appellants would be entitled to get Rs. 34,03,000/- – Respondent No. 1/Insurance Company directed to pay Rs. 34,03,000/- – 50,000/- (already received)within two months with 6% interest falling which penal interest @ 12% would be payable – The statutory amount of Rs. 25,000/- paid, directed to be adjusted. (Paras 26, 35 to 42)
(2011) 10 SCC 509; (2011) 3 SCC 646; (2020) 13 SCC 486; 2022 SCC Online SC 1699; (2013) 19 SCC 65; (2019) 5 SCC 554; (2017) 16 SCC 680; (2018) 18 SCC 130; (2021) 11 SCC 780—Referred.
Jitendra Kumar, J.—The present Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been preferred by the Appellants, who were Claimants before the Motor Vehicles Accident Claim Tribunal, against the judgment/Award dated 18.01.2016 passed by learned District Judge-cum-Motor Vehicles Accident Claim Tribunal, Rohtas at Sasaram, in M.V. Claim Case No. 96 of 2013 whereby learned Tribunal has awarded total compensation of Rs.05,01,500/- along with interest @ 9 % per annum from the date of filing of the Claim Case till its payment. The compensation has been directed to be paid by the insurance company/Respondent No.1 herein to the Claimants/Appellants herein. The share of the minor Claimants - Claimant Nos. 2, 3 and 4/Appellant Nos. 2, 3 and 4 herein have been directed to be deposited in a nationalized Bank under the Fixed Term Deposit Scheme, payable to them on their attaining majority.
2. The Claim Case was filed by the Appellants before the Motor Accident Claims Tribunal, on account of death of one Baliram Singh @ Purnawashi Singh in a Motor Accident. The Appellant No. 1, Manju Devi/ Claimant No. 1 is widow of the deceased Baliram Singh @ Purnawashi Singh, whereas Appellant Nos. 2, 3 and 4/Claimant Nos. 2, 3 and 4 are daughters and son of the deceased.
3. Being dissatisfied with the quantum of the compensation, the Claimants have filed the present Appeal seeking higher compensation than what has been granted by learned Motor Accident Claims Tribunal, Rohtas at Sasaram.
4. The facts of the case are that the Claimants, who are Appellants herein, filed the M.V. Claim Case No. 96 of 2013 for compensation of Rs.22,00,000/- against Urmila Devi who is the owner of the offending Bolaro vehicle bearing Registration No. UP67K/6747, Engine No. GHD4A63164, Chassis No. D5B47258 and she is Respondent No. 2 herein. The Insurance Company who is Respondent No. 1 herein was also impleaded as Opposite Party No. 2 before the Tribunal.
5. As per the case of the Claimants/Appellants, deceased Baliram Singh @ Purnawashi Singh was going to Sonebarsha from his house by Hero Honda Passion Pro Motorcycle along with his uncle namely, Chandrama Singh. When they reached near village Parmanpur on N.H. 30 at around 7:45 A.M., one Bolero vehicle, bearing no registration number and being driven rashly and negligently by its driver, coming from the side of Arrah, dashed the Motorcycle. Consequently, both the riders fell down on the ground and sustained grievous injuries. The said Baliram Singh @ Purnawashi Singh succumbed to his injury and Nawanagar P.S. Case No. 163 of 2013 was instituted on the basis of Fardbeyan of co-rider Chandrama Singh, under Sections 279, 337, 338 and 427 of the Indian Penal Code. The postmortem of the deceased was conducted by Dr. Ganga Shankar Prasad, Medical Officer, Sadar Hospital, Sasaram. After investigation, charge sheet was submitted against the driver of the Bolero vehicle namely, Akhilesh Kumar Singh for the offences punishable under Sections 279, 337, 338, 427 and 304(A) of the Indian Penal Code.
6. Further case of the Claimants/Appellants is that the deceased Baliram Singh @ Purnawashi Singh was aged about 29 years at the time of the accident and he was working in a Private Company at Daman earning Rs.15,000/- per month as salary. It has been also claimed by the Claimants/Appellants that the deceased was sole earning member of his family and he used to maintain Claimants/Appellants from his earning. It has been also claimed that the offending vehicle was insured with the Respondent No. 1/Insurance Company at the time of the accident. The owner of the offending vehicle as well as the Insurance Company were impleaded as Opposite Parties before the Tribunal. On notice, the Opposite Parties, who are Respondents herein, appeared before the Tribunal and contested the claim petition filed by the Claimants/Appellants.
7. Opposite Party No. 1/Respondent No. 2 herein, Smt. Urmila Devi filed her written statement claiming that t
United India Insurance Co. Ltd. vs. Shila Datta
Compensation for loss of dependency must include future prospects, the appropriate multiplier must reflect the deceased's age, and conventional heads should follow established judicial guidelines.
The court established that compensation in accident cases must reflect loss of dependency, age, and conventional heads as outlined in precedents, leading to a final compensation amounting to Rs. 5,40....
The court clarified that future prospects must be factored into compensation calculations for accident victims, aligning with established legal principles for just compensation.
The main legal point established in the judgment is the application of Rule 220-A(3) of the Rules of 1998 for determining future prospects and the use of the multiplier as per the Second Schedule to ....
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