Himachal Pradesh High Court Modifies Compensation in Motor Accident Claim

Appellate Court Upholds Tribunal's Decision on Income Assessment, Alters Future Prospects and Awards Consortium to Family

In a significant judgment delivered on November 7, 2025, the Himachal Pradesh High Court, presided by Mr. Jiya Lal Bhardwaj, J., modified the compensation awarded by the Motor Accident Claims Tribunal, Una, in the case of Depot Manager of Dehradoon Roadways v. Suman Devi and others. The modification comes after the Appellate Court exercised its powers under Order 41, Rule 33 of the Civil Procedure Code (CPC) to ensure complete justice between the parties.

The case revolved around a tragic motor accident leading to the demise of a breadwinner, with the Tribunal initially awarding Rs.41,95,000 to the claimants. The Appellant challenged the quantum of compensation, contending that the deceased's income was wrongly assessed at Rs.25,000 per month and that future prospects were incorrectly calculated at 30%. 

The High Court rejected the first contention, affirming the Tribunal's decision on the deceased's income based on a salary certificate presented as evidence. However, it accepted the argument regarding future prospects, adjusting the addition from 30% to 25%, in alignment with the Supreme Court ruling in National Insurance Company Limited v. Pranay Sethi (2017).

Moreover, the court addressed the issue of consortium, which the Tribunal had not awarded to the children and mother of the deceased. Invoking Order 41, Rule 33 CPC, the High Court granted consortium benefits to the deceased's family members, referencing the Supreme Court's precedent in Magma General Insurance Company Limited v. Nanu Ram alias Chuhru Ram (2018). Consequently, Rs.50,000 each was awarded to the children and mother as parental and filial consortium, alongside the spousal consortium previously granted.

The interest rate of 9% per annum as awarded by the Tribunal was upheld by the High Court, citing consistency with Supreme Court decisions. The final compensation was recalculated to Rs.41,87,500, maintaining the apportionment as ordered by the Tribunal.

This judgment underscores the appellate court's broad powers to modify awards, even in the absence of cross-appeals by claimants, emphasizing the pursuit of complete justice. The decision is a poignant reminder of the judiciary's role in ensuring equitable relief to victims and their families in motor accident claims.

Bottom Line:

Motor Accident Claims - Compensation awarded by Tribunal modified by Appellate Court under Order 41, Rule 33 CPC - Consortium granted to children and mother along with spousal consortium as per Supreme Court's dictum.

Statutory provision(s): Order 41, Rule 33 CPC

Depot Manager of Dehradoon Roadways v. Suman Devi, (Himachal Pradesh) : Law Finder Doc Id # 2810684