Allahabad High Court Enhances Compensation in Insurance Appeal Despite No by Claimants
When No Appeal Is Filed, Can Compensation Still Be Enhanced?
In a significant ruling on the scope of appellate powers under the Motor Vehicles Act, the has held that a court can enhance compensation awarded by a Tribunal even when the claimants have not filed a or . The decision reinforces the principle that the primary object of the Act is to award “,” and cannot stand in the way of doing .
The Accident and the Original Award
The case arose from a fatal accident on , when a Scorpio vehicle (UP32EK7689) struck Sabhajeet Tadmali, a 50-year-old licensed tadi seller, while he was walking home near Bariyawan crossing in Ambedkar Nagar. He succumbed to his injuries during treatment. The deceased’s family—his wife Reeta, a son, and a daughter—filed a claim petition before the , seeking ₹49.70 lakh in compensation. The Tribunal, in , awarded ₹7.20 lakh with 7% interest, assessing the deceased’s at ₹5,000 and applying a of 13.
Insurance Company’s Challenge: Stolen Vehicle and Name Discrepancy
The , the insurer of the offending vehicle, appealed against the award under . The company raised three main grounds: first, that the vehicle had been stolen before the accident and therefore the insurer was not liable; second, that there was a discrepancy in the driver’s name (the driving licence mentioned “Imran Khan” while the charge-sheet named “Mohd. Imran”); and third, that the deceased’s age, as per his Aadhaar card, was 51 years, which should have resulted in a lower of 11 instead of 13.
Claimants’ Plea: Income and Consortium Under-Assessed
The claimants, represented by and , opposed the appeal and raised an oral . They argued that the Tribunal’s assessment of monthly income at ₹5,000 was grossly inadequate. Citing the Uttar Pradesh Minimum Wages Notification dated , they contended that even an unskilled labourer was entitled to ₹7,400.46 per month. They also pointed out that the compensation under —, , and —had not been updated as per the ’s directions in v. Pranay Sethi (2017), which mandates a 10% increase every three years. Further, they argued that each of the three claimants was entitled to separate under the principle laid down in Magma General Insurance Co. Ltd. v. Nanu Ram (2018).
Court’s Power Under Order 41 Rule 33:
Justice Prashant Kumar, who heard the appeal, first rejected all three arguments of the Insurance Company. On the theft claim, the court noted that no FIR had been lodged by the owner and no evidence was produced. On the name discrepancy, the court found that the omission of “Mohd.” was a minor variation and did not prove a different person. On the age issue, the court held that in the absence of conclusive proof, the completed age of 50 years should be taken, supporting the of 13.
The court then turned to the question of enhancement. It observed that the Motor Vehicles Act is a and mandates the award of “.” Relying on , and a line of judgments including Surekha v. Santosh (2021), Ranjana Prakash v. Divl. Manager (2011), and The Oriental Insurance Co. Ltd. v. Sardar Singh (2020), the court held that the appellate court has the power to pass any order required to do , even if the claimants have not filed a . The court quoted its own earlier decision in New India Assurance Co. Ltd. v. Anil Kumar (2023):
“Once the issue of compensation/quantum has been raised by any party before the Appellate Court, then the Appellate Court becomes duty bound to ascertain as to whether the compensation has been adequately and justly awarded or not.”
Age, , and Minimum Wages: Computing
Applying the minimum wages standard, the court fixed the at ₹7,400.46. Adding 25% for (₹22,201.50) and deducting one-third for personal expenses (₹37,002.50), the annual was computed at ₹74,005. Applying a of 13, the total came to ₹9,62,065.
Enhanced and Consortium
The court revised the as per Pranay Sethi : to ₹18,150, to ₹18,150, and to ₹48,400 per claimant (total ₹1,45,200 for the wife, son, and daughter). The earlier award of ₹40,000 under “” was set aside, as that head is now subsumed within following New India Assurance Co. Ltd. v. Somwati (2020).
Final Verdict: Compensation Hiked to ₹11.43 Lakhs
The High Court modified the Tribunal’s award, increasing the total compensation from ₹7,20,000 to ₹11,43,565, with simple interest at 7% per annum from the date of the claim petition. The court directed the Tribunal to adjust any amount already paid. The appeal filed by the Insurance Company was dismissed, and the award was enhanced in favour of the claimants.
The judgment reinforces that in motor accident cases, courts must adopt a and not allow to defeat the goal of . It serves as a clear reminder that the power to do is inherent in appellate courts, even when the beneficiaries have not formally challenged the award.