Ruled in favour of Smt. Awita Mourya And 2 Ors. (Appellants)
In Short
The family of a young car driver who died in a 2015 road crash fought for a higher compensation payout after a lower tribunal court gave them a smaller amount without any interest. The High Court reviewed the case, recalculated the driver's income using official minimum wage guidelines, and ruled that the family was entitled to a much higher compensation amount along with interest.
The Parties
Party A: Smt. Awita Mourya and 2 Ors.
Party B: Raspal Singh and Ors.
Advocates & Judges
For Party A: Learned Advocate Mr. Rajesh Trivedi
For Party B: Learned Advocate Mr. Deo Raj Singh, Learned Advocate Mr. Prasoon Kumar Rai
Judge(s): Hon'ble Justice Prashant Kumar
What the Case Was About
A young man named Arun Kumar was riding his motorcycle after visiting a religious site on June 21, 2015. A speeding truck coming from the opposite direction hit his motorcycle violently, causing severe injuries that led to his death during treatment. His family filed a claim for compensation, stating he was the sole earner working as a car driver. The lower tribunal awarded them a modest sum, leading the family to approach the High Court to seek a fairer amount.
Judgment Date
29 October 2026
The Outcome
The court ruled in favour of the appellants and allowed the appeal for enhanced compensation, directing that interest be paid on the awarded amount.
What the Court Looked At
- The court observed that the accident happened due to the rash and negligent driving of the truck driver, and the vehicle had valid insurance.
- The court noted that the lower tribunal took the deceased driver's monthly income as a very low Rs. 3,000 because formal salary records were missing.
- The court accepted that a car driver falls under the skilled labour category and applied the official Uttar Pradesh government minimum wage of Rs. 8,299 per month for the year 2015.
- The court considered state rules and Supreme Court guidelines regarding future prospects and family support to recalculate a fair final payout.
"It would be fair, just and proper in the present case to hold that the notional income of the deceased would be Rs.8,299/- per month as the date of accident was 21.06.2015."
What This Means For You
This case shows that failing to provide formal proof of income can hurt a family's financial future if a breadwinner is lost in a road accident. Even when a person works as a driver or in a private job, keeping clear records of daily work or wages makes it much easier to claim proper support. If you or someone you know is struggling to calculate fair compensation or dealing with low tribunal awards after a road tragedy, Setback Solutions can help you understand your options and coordinate your next steps in plain, simple language.
You Still Have Options
If you are dealing with a low compensation award, a delayed motor accident claim, or wondering how to challenge a tribunal decision, you do not have to figure it all out alone. Getting a clear second opinion can help you understand your choices without added stress. Reach out to Setback Solutions for plain-language guidance and help coordinating your next steps today.