- 2026 Supreme(Sikk) 10

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Sikk) 10

THE HIGH COURT OF SIKKIM : GANGTOK

JUDGMENT :

Meenakshi Madan Rai, J.

1. On a Petition filed by the Respondents No.1, 2 and 3 herein, under Section 166 of the Motor Vehicles Act, 1988, before the Learned Motor Accidents Claims Tribunal, Gangtok, Sikkim (hereinafter, the “MACT”), as Claimants, seeking compensation of Rs.4,41,47,970/- (Rupees four crores, forty one lakhs, forty seven thousand, nine hundred and seventy) only, on account of the death of their brother, in a motor vehicle accident, which occurred on the intervening night of 28-05-2022 and 29-05-2022, at Khedum along Chungthang-Lachung Road, Mangan District, Sikkim, the Learned MACT vide the impugned Judgment dated 12-08-2024, in MACT Case No.27 of 2022 (Hasmukh Pannalal Punamiya and Others vs. The Branch Manager, National Insurance Company Ltd. and Another), granted compensation of Rs.4,22,21,125/- (Rupees four crores, twenty-two lakhs, twenty-one thousand, one hundred and twenty-five) only, against the claim sought.

(i) Aggrieved by the quantum of compensation, the Appellant Insurance Company alleges that the Claimants are adults with their own sources of income and hence not even entitled to the compensation, hence the Appeal.

2. The arguments advanced by L