Ruled in favour of Smt. Khiliya and others (Appellants)
In Short
A family whose elderly father passed away in a road accident asked the High Court to increase the financial compensation awarded to them by a lower tribunal. The court agreed that the amounts given for funeral costs, loss of estate, and family consortium were too low and boosted the total payout.
The Parties
Party A: Smt. Khiliya and others
Party B: Satish Chand and others
Advocates & Judges
For Party A: Learned Advocate Mr. Vishal Khatkar
For Party B: Not mentioned in the record
Judge(s): Hon'ble Justice Deepak Gupta
What the Case Was About
The widow and two sons of a 73-year-old man named Ganga Prasad lost him in a road accident in September 2018. A motor accident claims tribunal previously awarded them a total of 3,47,000 rupees. Feeling this amount was too low, the family filed an appeal in the High Court asking for more money, pointing out that payouts under several standard categories needed to be updated and increased.
Judgment Date
23.09.2026
The Outcome
The appeal was allowed in part, and the court increased the total compensation awarded to the family to 4,51,500 rupees.
What the Court Looked At
- The court excused a minor delay of 67 days in filing the appeal because the family gave a good reason.
- The court accepted the lower tribunal's decision on the deceased man's monthly income and the calculation for loss of financial dependency.
- The court noted that amounts for conventional heads of compensation should increase by 10 percent every three years.
- The court observed that major sons are still legal representatives entitled to family consortium.
- The court enhanced the amounts for consortium, funeral expenses, and loss of estate.
What This Means For You
When a loved one dies in a road accident, lower tribunals sometimes give out smaller amounts under standard categories like funeral costs or family consortium. If this happens to you, do not assume the first payout is final; checking if standard amounts should be updated for inflation can help you secure a fairer payout. Setback Solutions can help you understand your options in plain language and coordinate your next steps.
You Still Have Options
If you are dealing with an accident compensation payout that feels too small or are wondering what to do after a tribunal decision, it is not the end of the road. You can still explore options like getting a second opinion, reviewing your paperwork, or seeking non-judicial guidance. Reach out to Setback Solutions for help understanding your options and coordinating the next step. Please remember that Setback Solutions is not a law firm and does not give legal advice or guarantee any results.