Facts
On 11 February 2018, a bus owned by the appellant Transport Corporation collided with a two-wheeler, killing its rider, Ashok Kumar.
Source reference: p. 2His legal representatives sought ₹1 crore in compensation. The Motor Accident Claims Tribunal awarded ₹59,38,545, assessing the deceased’s annual income at ₹3,72,410 based on income-tax records for assessment years 2015–16 and 2016–17.
Source reference: pp. 2–3The Corporation appealed, primarily challenging that income assessment and the resulting compensation award.
Source reference: pp. 2–3Issues
1. Whether the Tribunal was justified in fixing the deceased’s annual income at ₹3,72,410 based on Exs. P7 and P8
Source reference: p. 4; considered at p. 52. Whether the compensation awarded by the Tribunal required interference
Source reference: p. 4; considered at p. 6Law Applied
The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Motor Accident Claims Tribunal.
Source reference: p. 1The Court assessed whether the Tribunal’s determination, based on the income-tax records in evidence, disclosed a specific error warranting appellate interference.
Source reference: no citationThe judgment cites no precedent or further statutory provision; it does not set out a separate general doctrine on proof of income or compensation.
Source reference: no citationReasoning
The Court noted that the deceased was a 37-year-old engaged in cutting contract work and that Exs. P7 and P8 related to the two assessment years preceding the accident.
Source reference: p. 5It held that the age of those returns, by itself, did not justify rejecting them, particularly where the deceased had died before the subsequent assessment could be completed.
Source reference: p. 5The Corporation identified no specific error in the Tribunal’s income finding or in its calculation of compensation that would justify appellate intervention.
Source reference: pp. 5–6Holding
The Court answered the first issue in favour of the claimants and the second against the Transport Corporation.
It dismissed the appeal and confirmed the Tribunal’s award of ₹59,38,545; there was no order as to costs, and the connected miscellaneous petition was closed.
Source reference: p. 6Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19881
Original Court PDF
The Managing DirectorvsA.Sumithra
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
