Faridaben Mahebub Hajiya v. National Insurance Company Limited - Motor Accident Compensation - Skilled Driver Income

Case name: Faridaben Mahebub Hajiya & Anr. v. The National Insurance Company Limited & Ors.

Coram: Hon’ble Mr. Justice Sanjay Karol and Hon’ble Mr. Justice Augustine George Masih

Judgment date: 17 March 2026

Case laws and citations referred

1. Chandra v. Mukesh Kumar Yadav, (2022) 1 SCC 198
2. Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd., (2011) 13 SCC 236
3. National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 (paras 42 & 59.4 relied on for future prospects, multiplier, and conventional heads)

Statutes / laws referred (by context)

The order does not name specific sections, but the context shows application of:

• Motor accident compensation principles under the Motor Vehicles Act, 1988 (MACT claim, contributory negligence, multiplier, future prospects, conventional heads).
• General principles of tort/compensation law and interest on compensation as applied in motor accident claims.

Three‑sentence brief summary

This appeal arose from a 1996 motor accident in which a 28‑year‑old skilled truck driver died, and where the Tribunal and High Court had awarded relatively low compensation while attributing 60% contributory negligence to the deceased. The Supreme Court held that fixing the monthly income at only Rs. 1,800 was unconscionably low, reassessed it at Rs. 6,000 with 40% addition for future prospects, applied a multiplier of 17 with one‑third deduction, and enhanced the total compensation to Rs. 13,23,900 with 9% interest, leaving the 60% contributory negligence undisturbed and also awarding Rs. 1,50,000 as litigation costs. The Court noted the inordinate delay—over ten years before the Tribunal and seventeen years in the High Court—and directed the insurer to remit the enhanced amount (after adjusting sums already paid) directly into the claimant’s bank account within eight weeks.