Allahabad High Court says can’t assume Class 12 accident victim wasn’t earning anything, revises award to Rs 16 lakh

“Merely because the deceased was studying in Class 12, it cannot be presumed that he was not earning anything,” the court observed.

While modifying the tribunal’s order, the court awarded over Rs 16 lakh to the victim’s family.

Findings

• The claimants claimed that the victim was a labourer who was earning about Rs 9,000 per month, which was also proved from the evidence of the mother of the victim, who also admitted that victim was studying in class 12 at the time of accident.
• It is apparent that claimants failed to submit any documentary proof of income and occupation of the victim; as such, the tribunal has assessed the compensation based on the notional income of the deceased by presuming that he was earning Rs 15,000 per annum, which is grossly inadequate.
• It is well settled that in the absence of documentary proof of income and occupation of the deceased, the tribunal was supposed to assess the compensation by treating the deceased to be an unskilled workman and was required to assess the compensation based on minimum wages of an unskilled workman prevailing in the
• State of Uttar Pradesh at the time of accident, which was Rs 6,362 per month.
• In view of this, the claimants are entitled to get compensation on the basis that the victim was earning Rs 6,362 per month.
• It is evident that, as per Rule 220-A of the UP Motor Vehicle Rules,1998, the claimants were entitled to get compensation on the future prospects of the victim at a 50 per cent rate of his income, but the tribunal has not awarded any compensation on this account, which is erroneous.
• It is apparent that the father of the victim had already died before the accident and as such, the claimants were wholly dependent on the income of the deceased, who was supporting his family consisting of his mother, two unmarried brothers, and one unmarried sister.
• In this way, the claimants are entitled to total compensation of Rs 16 lakh alongwith interest at seven  per cent per annum (as awarded by the tribunal) from the date of filing of the claim petition till it’s actual payment, which is to be indemnified by the owner UPSRTC.

Background

• The case stems from the fatal accident in 2014, involving a bus owned by the UPSTC that resulted in the death of Ankit, a class 12th student at the time of death.
• MACT in Bulandshahar originally passed an award in April 2026, granting the victim’s family a sum of Rs 2.60 lakh with seven per cent interest.
• The family filed an appeal under Section 173 of the Motor Vehicles Act, 1988, seeking an enhancement, arguing that the tribunal has wrongly assessed the victim’s income and failed to account for future prospects.