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Kalavati & Ors. vs Mirza Kaisar Baig & Anr.

Civil Appeal · 2022 INSC 1019Decided 23 Sept 2022
Civil Appeal No. 6676 of 2022
M.R. Shah · Krishna Murari

Background

Two sets of claimants, family members of two men who died in a road accident while working as drivers, sought compensation from the vehicle owner/insurer. The Motor Accident Claims Tribunal in Karnataka fixed compensation based on a monthly income of Rs. 7,500-8,500 for the deceased drivers. On appeal, the Karnataka High Court at Kalaburagi modestly enhanced the awards, but the claimants felt the amounts were still too low and appealed further to the Supreme Court, seeking compensation based on a monthly income of Rs. 15,000.

Decision Breakdown

The Supreme Court found that, given the deceased were licensed working drivers, their income should be reassessed at Rs. 10,000 per month (higher than the Tribunal/High Court had used, though less than the Rs. 15,000 claimed). Applying the standard formula, adding 40% for future prospects, deducting one-third for personal expenses, and applying the appropriate multiplier (15 years for one claim, 13 years for the other). The Court increased the loss-of-dependency compensation and the total award in both connected appeals, with 6% interest. It directed the insurance company to deposit the balance enhanced amount with the Tribunal within eight weeks, failing which a higher 7.5% interest would apply.

Lesson Learnt

In motor accident compensation cases, courts apply a standardized formula (income plus future-prospects addition, minus personal-expense deduction, times an age-based multiplier) rather than accepting either side's claimed figures outright, so families should expect compensation to be calculated on reasonable, evidence-based income estimates rather than aspirational ones.

Official source (sci.gov.in)View Judgment (PDF)

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