Madras High Court
Transport, Maritime, and Aviation LawCivil Law

An appointment order may justify higher income assessment despite absent salary slips and bank records.

Michel John Peter vs R.Jerin Raja

Madras High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
An appointment order may justify higher income assessment despite absent salary slips and bank records.. Michel John Peter vs R.Jerin Raja. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellants, parents of the deceased, challenged the Tribunal’s award arising from a fatal motor accident on 29 December 2017.

Source reference: pp. 2–4; paras. 2, 6

The Tribunal found the car driver negligent and awarded ₹23,78,000, calculating dependency on a monthly income of ₹15,000, with 40% added for future prospects, a 50% deduction for personal expenses, and a multiplier of 18.

Source reference: pp. 2–4; paras. 2, 6

The claimants sought enhancement, relying on an appointment order indicating estimated annual salary of ₹2,68,000; the insurer opposed an increase, noting the absence of salary slips, bank statements, or employer evidence.

Source reference: pp. 4–5; paras. 8–9
02

Issues

Whether the Tribunal’s assessment of the deceased’s monthly income at ₹15,000 should be enhanced in light of the appointment order and the evidence on record

Source reference: pp. 5–6; paras. 9–11

Whether the compensation awarded under the other heads required interference

Source reference: p. 6; para. 12
03

Law Applied

The appeal was brought under Section 173 of the Motor Vehicles Act.

Source reference: p. 1

In reassessing loss of dependency, the Court applied the calculation used in the case: assessed monthly income plus 40% for future prospects, deduction of one-half for the unmarried deceased’s personal expenses, and a multiplier of 18, reflecting her age of 23.

Source reference: p. 6; para. 11

The Court also considered whether the amounts awarded for consortium, loss of estate, and funeral expenses were just and proper.

Source reference: p. 6; para. 12
04

Reasoning

Although the appointment order showed estimated annual salary of ₹2,68,000, it was issued in September 2016 and the claimants produced no salary slip or bank statement and did not examine the employer.

Source reference: p. 6; para. 11

The Court nevertheless considered the appointment order together with the accident date and the deceased’s age, and found ₹17,000 per month to be an appropriate income assessment.

Source reference: p. 6; para. 11

Applying 40% future prospects, a one-half deduction, and multiplier 18, it recalculated loss of dependency at ₹25,70,400.

Source reference: p. 6; para. 11

It found no basis to alter the other heads, which it considered just and proper.

Source reference: p. 6; para. 12
05

Holding

The appeal was allowed in part.

Total compensation was enhanced from ₹23,78,000 to ₹26,80,400, with interest at 7.5% per annum from the date of filing the claim petition until deposit.

Source reference: p. 7; para. 13

The insurer was directed to deposit the amount, less sums already deposited, within six weeks of receiving the judgment.

Source reference: p. 7; para. 13

The claimants were not entitled to interest on the enhanced compensation for the 463-day delay period specified in the Court’s earlier order; the Tribunal’s other directions remained unchanged.

Source reference: pp. 7–8; para. 13
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Motor Vehicles Act, 19881

Madras High Court

Original Court PDF

Michel John PetervsR.Jerin Raja

Madras High Court · October 05, 2026

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