[Cites 2, Cited by 0]
Uttarakhand High Court
AO/378/2025 on 10 January, 2026
2026:UHC:464
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
A.O. No.378 of 2025
Hon'ble Alok Mahra, J.
Mr. Deepak Rawat, Advocate for the
appellant.
Mr. Sanjay Bhatt, Advocate for
respondent nos.1 to 3.
2. This Appeal from Order has been
preferred by the appellant-Insurance
Company assailing the judgment and
award dated 02.08.2025, passed by the
learned Motor Accident Claims Tribunal/
2nd Additional District Judge, Udham
Singh Nagar, in M.A.C.P. No.237 of
2023, whereby the learned Tribunal has
awarded compensation in favour of the
claimants on account of the death of Shri
Rajesh Kumar in a motor vehicle
accident.
3. The facts, as borne out from the
record, indicate that on 19.08.2023,
Rajesh Kumar was returning to Rudrapur
from his native village Fazalpur on
motorcycle no. UK-06-Z-0432 along with
his son Vikas Kumar; the deceased was
travelling as a pillion rider, while Vikas
Kumar was driving the said motorcycle.
At about 10:30 p.m., near Rudra Bilas
Sugar Mill, the offending motorcycle
bearing registration no. UP-22-AZ-9772,
being driven at a high speed and in a
rash and negligent manner, struck the
motorcycle on which Rajesh Kumar was
travelling, as a result whereof, he fell
down and sustained grievous injuries,
while Vikas Kumar suffered minor
injuries. The injured Rajesh Kumar was
initially taken to Narayan Hospital,
2026:UHC:464
Bharatpur and thereafter referred to Shri
Ram Murti Memorial Hospital, Bhojipura,
Bareilly for better treatment, where he
succumbed to the injuries during the
course of treatment.
4. Learned counsel for the appellant-
Insurance Company has assailed the
impugned award on a three-fold
submission. Firstly, it is argued that the
learned Tribunal has erred in assessing
the income of the deceased and in
applying 30% addition towards future
prospects, despite the deceased not
being in permanent salaried employment
and his income having been determined
on a notional basis; it is contended that
in such circumstances, the addition
ought not to have exceeded 25%.
Secondly, placing reliance on the
testimony of P.W.3, the treating doctor,
learned counsel submits that, at the time
of admission, the deceased himself
allegedly stated that the accident
occurred because a street dog suddenly
crossed the road and, in an attempt to
save the dog, the accident took place; on
this basis, it is contended that the
involvement of the offending motorcycle
UP-22-AZ-9772 is doubtful and that, at
best, the case would indicate that the
accident was the result of the deceased's
own act, amounting to a fortuitous
mishap rather than actionable negligence
of a third party. Thirdly, it is argued that
the appellant-Insurance Company
discharged its burden of disputing the
involvement of the said motorcycle by
producing the report of its Investigator
before the learned Tribunal, but the
same was erroneously brushed aside
without any cogent reasoning, thereby
vitiating the findings on negligence and
on the involvement of the insured
2026:UHC:464
vehicle. On these grounds, it is
submitted that the award is excessive,
contrary to evidence and settled
principles of law and, therefore, liable to
be modified or set aside.
5. Per contra, learned counsel
appearing for respondent nos.1 to 3, the
claimants, has supported the impugned
judgment and award and submitted that
the finding regarding the occurrence of
the accident, the involvement of
motorcycle no. UP-22-AZ-9772, and rash
and negligent driving on the part of its
driver is fully borne out from the oral and
documentary evidence on record. It is
pointed out that the accident was
witnessed by Vikas Kumar, the son of the
deceased, who was himself driving
motorcycle no. UK-06-Z-0432, and his
testimony has remained unshaken in
cross-examination; the factum of the
accident has further been corroborated
by prompt lodging of the F.I.R., in which
the offending vehicle has been
specifically mentioned, and upon due
investigation, the police have submitted
charge sheet against the driver of
motorcycle no. UP-22-AZ-9772. Learned
counsel submits that the Tribunal has, in
paragraph 22 of the impugned judgment,
specifically noticed that an F.I.R. was
registered in respect of the accident and,
after investigation, charge sheet was
filed against the said driver, and in the
absence of any credible material to the
contrary, such police papers furnish
adequate proof of involvement and
negligence in motor accident claim
proceedings. Learned counsel for the
respondents submits that the Tribunal
has assessed the income on a reasonable
notional basis and has extended future
prospects strictly in line with the law
2026:UHC:464
declared by the Constitution Bench in
National Insurance Co. Ltd. Vs. Pranay
Sethi, and the subsequent judgments
which affirm that even in cases of self-
employed or fixed-salary persons, future
prospects cannot be denied; hence, no
interference is warranted on that score.
6. A Constitution Bench of Hon'ble
Supreme Court in the case of "National
Insurance Company Limited Vs. Pranay
Sethi & others, reported in (2017) 16
SCC 680, has laid down clear guidelines
for determining compensation in motor
accident claims. This Court finds that the
compensation awarded to the claimants
is just, reasonable, and in consonance
with the settled parameters laid down by
the Hon'ble Supreme Court. The award
passed by the learned Tribunal neither
suffers from any perversity nor warrants
interference in appellate jurisdiction.
7. Accordingly, the Appeal from Order
fails and is dismissed.
8. 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.
(Alok Mahra, J.)
10.01.2026
Arpan
ARPAN Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT
OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dd
JAISWAL
db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987
446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL
Date: 2026.01.10 15:07:41 +05'30'
