HC Stands By ₹29 Lakh Award For Family of Jawan Killed in Road Accident
High Court affirms award of ₹28.91 lakh to family of soldier killed in 2011 road accident, rejecting appeal.
The Uttarakhand High Court has upheld a compensation award of ₹29 lakh to the family of an Army jawan who died in a road accident, affirming an earlier order passed by a Motor Accident Claims Tribunal (MACT). The court dismissed the challenge against the compensation amount, holding that the award was justified based on the evidence and applicable legal principles.
The case pertains to the death of the serviceman in a road crash, after which his family approached the MACT seeking compensation. The tribunal had assessed the deceased’s income, age, and future earning prospects before arriving at the ₹29 lakh figure, along with applicable interest. The insurance company subsequently challenged the quantum of compensation, arguing that the calculation was excessive.
However, the High Court found no merit in the appeal, observing that the tribunal had followed settled legal norms laid down by the Supreme Court for determining compensation in fatal motor accident cases. The court noted that the assessment appropriately accounted for the jawan’s stable government employment, future prospects, and the dependency of his family members.
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In its order, the bench emphasised that compensation in such cases must be “just and reasonable,” ensuring financial security for dependents who lose their primary breadwinner. The court reiterated that technical objections should not override the objective of providing adequate relief to bereaved families.
The ruling underscores the judiciary’s approach in motor accident compensation matters, particularly where uniformed personnel are concerned. Legal observers note that the decision reinforces established principles for calculating damages, including loss of income, future prospects, and consortium, thereby providing clarity for similar pending cases.
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