Jharkhand News: High Court Rejects Insurer’s Appeal, Grants ₹12 Lakh to Road Accident Victim’s Widow

Ranchi, November 19, 2024: In a significant ruling, the Jharkhand High Court upheld the decision of the Motor Accident Claims Tribunal (MACT), affirming that the widow of a deceased biker, killed in a road accident, is entitled to ₹12 lakh in compensation. The ruling came after the ICICI Lombard General Insurance Company Ltd. filed an appeal, challenging the ₹11.45 lakh awarded to the family of the victim. The court rejected the appeal, reinforcing the decision made by the MACT.

Background of the Road Accident

The tragic incident occurred on December 24, 2021, near the Rangabandh More on GT Road in the Dhanbad district. The victim, 58-year-old Izarat Ansari, was crossing the road when he was struck by a motorcycle (registration number JH-10BQ-9650), which was reportedly driven at high speed and in a reckless manner. Ansari suffered severe injuries and was first admitted to SNMMCH Dhanbad before being referred to RIMS in Ranchi. Unfortunately, he passed away on January 2, 2022.

Claim for Compensation under Motor Vehicle Act

Following the death of her husband, the widow, Sundari Bibi, filed a claim under the Motor Vehicle Act seeking compensation for her family’s loss. The motorcycle involved in the accident was insured by ICICI Lombard General Insurance Company Ltd.

MACT’s Ruling

In response to the claim, the Motor Accident Claims Tribunal (MACT) in Dhanbad held the motorcyclist responsible for the accident and awarded a compensation of ₹11,45,932 to the claimants. The tribunal relied on the FIR, charge sheet, and witness statements, including testimony from eyewitness Mohammad Khalid Ashraf. The court also took into consideration the post-mortem report, which confirmed the nature and timeline of the injuries. Additionally, the tribunal ordered the insurance company to pay the compensation with an interest rate of 7.5% per annum.

Insurance Company’s Appeal Rejected

Displeased with the decision, ICICI Lombard General Insurance Company Ltd. appealed to the High Court, arguing that the motorcycle had been wrongfully implicated in the case. The insurer pointed out discrepancies between the FIR and the investigation report, which suggested the involvement of a HGV (Heavy Goods Vehicle) instead of the motorcycle. The insurance company also questioned the credibility of the claimant’s evidence and sought to absolve itself of liability.

However, the High Court rejected the appeal, emphasizing that the insurer’s failure to present contrary evidence or clarify discrepancies led to an unfavorable conclusion for them. The court stated that the evidence presented was sufficient to uphold the lower tribunal’s decision, ensuring that the victim’s family would receive the compensation entitled to them.

High Court’s Judgement and Impact

The High Court’s decision is significant not only because it upheld the compensation but also because it reinforces the importance of presenting clear and consistent evidence in accident claims. The ruling ensures that the victim’s family will receive financial support, which can aid them in overcoming the challenges posed by the loss of their loved one.

This case highlights the importance of holding insurance companies accountable for their obligations under the Motor Vehicle Act. It also serves as a reminder of the role of the judiciary in protecting the rights of accident victims and their families.

In light of this decision, road accident victims and their families can find reassurance in the fact that the legal system remains vigilant in upholding justice for those affected by such tragic incidents.