ORIENTAL INSURANCE COMPANY LTD. vs RAJVIMAL DAGAR

UKHC010058692019

2026:UHC:9591
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

AO/167/2019


Oriental Insurance Company Ltd.
--Petitioner

Versus
Rajvimal Dagar
--Respondent


Hon’ble Alok Mahra, J.

Mr. Deepak Rawat, Advocate for the
appellant.
Mohd. Azim, Advocate for respondent
nos.1 to 3.

2. The present Appeal from Order has
been preferred by the appellant–Insurance
Company assailing the judgment and
award dated 04.01.2019, passed by the
learned Motor Accident Claims Tribunal/
nd
2 Additional District Judge, Kashipur,
District Udham Singh Nagar, in M.A.C.P.
No. 281 of 2016, whereby compensation of
₹
64,60,360/-, along with interest @ 7.5%
per annum, has been awarded in favour of
the claimants on account of the death of
Smt. Reeta Dagar in a motor vehicle
accident.

3. The facts, as borne out from the
record, are that on 10.06.2016, Smt.
Reeta Dagar was travelling from Jaspur to
Kashipur in a Tata Magic vehicle bearing
Registration No. UK18-TA-0175. At about
09:30 a.m., when the said vehicle reached
a point shortly before Police Post
Shivrajpur on the Jaspur–Kashipur Road,
a Zest car bearing Registration No. UP14-
CM-4830, coming from the Kashipur side,

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allegedly being driven rashly and
negligently, came onto the wrong side of
the road and collided with the Tata Magic.
As a result of the collision, the Tata Magic
overturned. Smt. Reeta Dagar, who was
seated on the side seat of the Tata Magic,
sustained grievous injuries to her head
and left leg. She was immediately taken to
L.D. Bhatt Government Hospital,
Kashipur, where the attending doctors
declared her dead.

4. Learned counsel for the appellant–
Insurance Company submits that the
learned Tribunal has erred in determining
the compensation payable to the
₹
claimants at 64,60,360/-, by taking the
monthly income of the deceased as
₹ 35,751/-, whereas, according to the
appellant, her monthly salary ought to
have been assessed at ₹ 31,648/-, being
the salary drawn by her during March and
April, 2016. It is further contended that
perks and allowances payable to an
employee ought not to have been included
while determining the income of the
deceased for the purpose of calculating
compensation. Learned counsel, however,
does not dispute the factum of the
accident or the death of the deceased in
the said accident. It is submitted that the
compensation awarded, together with
interest @ 7.5% per annum, is excessive
and requires reconsideration. On these
grounds, learned counsel prays that the
impugned judgment and award be
suitably modified.

5. Per contra, learned counsel
appearing for respondent nos. 1 to 3, the
claimants, supports the impugned
judgment and award and submits that the
deceased was a Government employee
serving as a Bal Vikas Adhikari and that
the salary slips placed on record were duly

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2026:UHC:9591
authenticated by the competent
department. It is contended that the
learned Tribunal has assessed the income
of the deceased on the basis of the
documentary evidence available on record
and has correctly determined the
compensation payable to the claimants.
Learned counsel further submits that the
Tribunal has duly applied the settled
principles governing the addition of future
prospects, as laid down by the
Constitution Bench of the Hon’ble
Supreme Court in National Insurance
Company Limited v. Pranay Sethi and
Others, reported in (2017) 16 SCC 680.
Accordingly, it is submitted that the
impugned judgment and award do not
warrant any interference by this Court.

6. This Court has considered the rival
submissions advanced by learned counsel
for the parties and has perused the
impugned judgment and award, along
with the material available on record. The
principal contention raised by the
appellant–Insurance Company concerns
the determination of the monthly income
of the deceased and the inclusion of
allowances and other components of her
salary for the purpose of computing
compensation. In this regard, the income
of the deceased is required to be assessed
on the basis of the relevant documentary
evidence, having due regard to the nature
of the payments forming part of her
remuneration and the settled principles
governing the determination of just
compensation. The Constitution Bench of
the Hon’ble Supreme Court in National
Insurance Company Limited v. Pranay
Sethi and Others (supra) has laid down
the principles governing the determination
of just compensation in motor accident
claims, including the addition towards
future prospects and the conventional

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heads of compensation. The compensation
awarded by the Tribunal is required to be
examined in the light of the evidence on
record and the aforesaid settled principles.

7. Upon consideration of the
submissions advanced on behalf of the
parties and the material available on
record, this Court finds no sufficient
ground to interfere with the impugned
judgment and award. The appellant has
not been able to establish any material
illegality, perversity or infirmity in the
assessment warranting interference by
this Court in its appellate jurisdiction.
Consequently, the challenge to the
quantum of compensation does not merit
acceptance.

8. Accordingly, the Appeal from Order
fails and is dismissed.

9. The statutory amount, if deposited by
the appellant at the time of filing the
appeal, shall be remitted to the Tribunal
concerned for adjustment towards the
award amount. The balance amount, if
any, shall be released in favour of the
claimants as per the directions of the
Tribunal. reframe legally, add something if
required




(Alok Mahra, J.)
26.10.2026

Arpan



ARPAN
JAISWAL
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UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73933
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Date: 2026.10.26 18:39:24 +05'30'