HIGH COURT OF UTTARAKHAND AT NAINITAL

Appeal From Order No. 366 of 2014

30 October, 2025

United India Insurance Co.

--Appellant

Versus

Smt. Bhawna Devi & others

--Respondents

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Presence:-

Mr. Prabhat Pande, learned counsel for the appellant.

Mr. Zafar Ulla Siddiqui, learned counsel for the respondents/

claimants.

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Hon'ble Pankaj Purohit, J.

This appeal has been preferred by the

appellant Insurance Company under section 173 of Motor Vehicle Act,1988 against the judgment and order dated 13.06.2014, passed by the learned Motor Accident Claims Tribunal/1st Additional District Judge, Haldwani in MACP No. 36 of 2011 (Smt. Bhawani Devi & others vs. Ganesh Dutt Joshi & another), whereby the learned Tribunal allowed the claim petition and awarded compensation of Rs. 6,38,000/- in favour of the claimant- Smt. Bhawani Devi , along with interest at 7% per annum from the date of filing of the petition till actual realization, holding the appellant–United India

Insurance Company Ltd. liable to satisfy the award.

2. The brief facts of the case are that on 3 November 2010, at about 9:00 a.m., the deceased Krishna Kumar alias Kishan Pandey, aged around 26 years, and his younger brother Sanjay Pandey were standing by the side of the road at Kamaluwaganja,

within the jurisdiction of Police Station Haldwani, waiting for a bus to return to their village after selling milk in the town. At that time, a motorcycle bearing registration No. UK-04 J-1463, being driven rashly, negligently, and on the wrong side of the unpaved road, came at high speed and hit both of them with great force. Both brothers sustained serious injuries and were immediately taken to Sai Hospital, Haldwani, where they were admitted for emergency treatment. While Sanjay Pandey survived after prolonged medical attention, Krishna Kumar succumbed to his injuries on 4 November 2010. It was alleged that the deceased earned approximately Rs.6,000 per month from his small dairy business. He was the sole breadwinner of the family, comprising his widow Smt. Bhavana Devi and two minor children. On account of his untimely death, the family suffered acute financial hardship and emotional distress. Accordingly, the claimants filed a petition under Sections 166 and 140 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 21,10,000/- from the owner and insurer of the offending vehicle.

3. The learned counsel for the claimants submitted that the entire accident occurred solely due to the rash and negligent driving of the motorcycle No. UK- 04 J-1463, owned by Ganesh Dutt Joshi and it was insured with United India Insurance Company Ltd. The vehicle, they claimed, had come from the wrong direction, and hit both of them with great force. They further stated that the accident was promptly reported, but due to the shock of the fatality and the family’s preoccupation with medical treatment and funeral arrangements, the formal complaint was lodged later by their relative Prakash Chandra Pandey with the office of the Inspector General of Police, Kumaon Range. It was also submitted that the deceased, being self-employed in milk distribution, used to earn a steady income of Rs.6,000 per month and contributed the major portion to the maintenance of his wife, children, and aged father. The death had left the family destitute, with no other source of livelihood.

4. The learned counsel for the owner of the motorcycle filed a written statement denying the allegations of rashness or negligence. He asserted that his vehicle was being driven slowly and carefully on its correct side of the road, when the deceased suddenly and negligently appeared in front of it, resulting in the unfortunate collision. The owner contended that the deceased was himself responsible for the accident.

5. He also emphasised that on the date of the incident, he held a valid and effective driving licence (valid fr