Courts can raise accident compensation without victim's appeal: Allahabad HC
The Allahabad High Court has held that an appellate court can increase compensation in a motor accident claim even if the victims or their dependants have not filed a separate appeal or cross-objection, as long as the insurer has challenged the amount awarded.
The court said the Motor Vehicles Act is a beneficial law and courts must ensure that victims and their dependants get just and fair compensation in accordance with the law.
Justice Prashant Kumar of the Lucknow bench made the observation while dismissing an appeal filed by National Insurance Company Ltd against an award passed by the Faizabad Motor Accident Claims Tribunal.
While rejecting the insurer's appeal, the High Court raised the compensation for the family of Sabhajeet Tadmali from Rs 7.20 lakh to Rs 11,43,565 and retained the interest rate at 7 per cent per annum.
The case relates to an accident on November 16, 2017, when Tadmali was walking in Ambedkar Nagar. An SUV hit him, leaving him seriously injured, and he later died during treatment. His family had sought compensation of Rs 49.70 lakh.
The insurance company argued that the vehicle had been stolen before the accident and was not in the possession of its owner or driver at the time. It also questioned the identity of the driver, pointing to a difference in his name in the chargesheet and driving licence records.
Rejecting the theft claim, the court noted that the vehicle owner had neither lodged an FIR nor produced any cogent evidence to show that the SUV had been stolen before the accident. It also held that the discrepancy in the driver's name was not enough to disbelieve the case of the prosecution and the claimants.
On the question of age, the court said the age recorded in Aadhaar could not be treated as conclusive proof of Tadmali's date of birth. It noted that the family register recorded his year of birth as 1967, though the exact date and month were not available. The court therefore treated him as 50 years old at the time of the accident and applied a multiplier of 13.
The High Court also increased the deceased's monthly income from Rs 5,000, as assessed by the tribunal, to Rs 7,400.46, in line with the minimum wage for an unskilled worker. It further awarded consortium of Rs 48,400 each to the deceased's wife and two children.
The court said technical considerations should not come in the way of ensuring just compensation to accident victims and their dependants.- EndsPublished By: India Today Web Desk Published On: Sep 24, 2026 14:33 IST
