MP HC Sends Government Teacher’s Death Claim Back For Salary Proof, Denies Family Interest During Appeals

On 19 August 2008, Vipin Kumar, aged about 45, died after a motorcycle allegedly driven negligently collided with his motorcycle.

His two wives and their children filed separate claim petitions, which the Tribunal consolidated. The Additional Motor Accident Claims Tribunal awarded total compensation of ₹11,29,512 with interest at 6% per annum.

The claimants appealed for enhancement, while the insurer appealed seeking exoneration. The claimants had produced the deceased’s May 2008 salary slip but had not examined a witness to prove it.

The appeals were brought under Section 173(1) of the Motor Vehicles Act, 1988.

The Court treated the deceased’s income as an important factor in determining just and proper compensation and considered that, where further evidence was needed to establish that income, the parties should have an opportunity to adduce evidence before the Tribunal.

No precedent was cited.

The salary slip had been produced, but no witness had proved it; the Court therefore considered the deceased’s actual income insufficiently established for determining proper compensation.

It concluded that the claimants should have an opportunity to prove the document and income, while the insurer should have a corresponding opportunity to support its defence.

However, because the failure to prove the salary slip before the Tribunal was attributable to the claimants, the Court excluded interest for the period from 16 May 2011, when the appeals were filed, to the date of its order.

The common award was set aside, and the claim cases were remanded for fresh adjudication, with an opportunity for both sides to adduce evidence.

The claimants were denied interest on the compensation amount from 16 May 2011 until the date of the order.

The parties were directed to appear before the Tribunal on 19 November 2026; there was no order as to costs.