Disciplinary Authority Cannot Override Enquiry Officer’s Clean Chit Without Hearing the Employee: Madhya Pradesh High Court Remands Termination for Procedural Lapse Appointment Secured by Misstating Marks Is Void Ab Initio; Human Error No Excuse Where Advantage Gained: Allahabad High Court Appeal Maintainable Despite Modified MACT Award — Kerala High Court Clarifies Scope of Appellate Review in Motor Accident Claims No Notice, No Blacklist: Calcutta High Court Quashes Debarment Over Breach of Natural Justice Prosecution Must Elevate Its Case From Realm Of ‘May Be True’ To Plane Of ‘Must Be True: Orissa High Court Strict Compliance Is the Rule, Not Exception: Himachal Pradesh High Court Dismisses Tenant's Plea for Late Deposit of Rent Arrears When Accused Neither Denies Signature Nor Rebuts Presumption, Conviction Must Follow Under Section 138 NI Act: Karnataka High Court A Guardian Who Violates, Forfeits Mercy: Kerala High Court Upholds Natural Life Sentence in Stepfather–POCSO Rape Case Married and Earning Sons Are Legal Representatives Entitled to Compensation: Punjab & Haryana High Court Enhances Motor Accident Award to ₹14.81 Lakh Driver Must Stop, Render Aid & Report Accident – Flight from Scene Is an Offence: Madras High Court Convicts Hit-And-Run Accused Under MV Act Delay May Shut the Door, But Justice Cannot Be Locked Out: Gauhati High Court Admits Union of India’s Arbitration Appeal Despite Time-Bar Under Section 30 PC Act | Mere Recovery of Money Is Not Enough—Demand and Acceptance Must Be Proved Beyond Reasonable Doubt: Delhi High Court Allahabad High Court Slams Bar Council of U.P. for Ex Parte 10-Year Suspension of Advocate Supreme Court Invokes Article 142 to End Discrimination Against Ad-Hoc Employees in Allahabad High Court: Orders Reinstatement and Regularizationi Supreme Court Declares CSR a Constitutional Duty to Protect Environment: Orders Undergrounding of Powerlines in Great Indian Bustard Habitat A Minor’s Sole Testimony, If Credible, Is Sufficient for Conviction: Supreme Court Upholds Child Trafficking Conviction Under IPC and ITPA You Can’t Invent Disqualifications After the Bid: Supreme Court Holds Joint Venture Experience Can’t Be Ignored in Tenders High Court Can't Re-Appreciate Evidence or Rewrite Contract to Set Aside Arbitral Award: Supreme Court Reinstates Award Under Quantum Meruit Once Arbitration Invoked, Criminal Prosecution Cannot Be Weaponised in Civil Disputes: Supreme Court Quashes FIR Against Former Director in Rent Row

Even a Coolie in 2004 Could Earn ₹4,500 — Why Not ₹10,000 for a Truck Driver in 2014?: Supreme Court Restores Full Compensation to Family of Accident Victim

16 May 2025 3:49 PM

By: Admin


“The Tribunal rightly accepted ₹10,000 as monthly income… an unskilled labourer in 2014 would reasonably earn this amount with marginal annual increases.” – Supreme Court of India delivered a compelling judgment wherein it restored the full compensation awarded by the Motor Accident Claims Tribunal to the family of a deceased truck driver. The Court firmly held that the High Court erred in reducing the income to ₹4,076 and that the original figure of ₹10,000 per month was realistic and justifiable for a skilled worker in 2014. The decision reinforces the judicial trend of recognizing human dignity and economic realism in accident compensation cases.

The deceased, a 28-year-old truck driver, had stopped his vehicle and was in the process of re-boarding when he was struck and killed on the spot by another rashly driven truck. His family—comprising his widow, three minor children, and parents—approached the Tribunal for compensation. Based on the claimed monthly salary of ₹10,000, future prospects, and standard deductions, the Tribunal awarded them ₹23,07,000, including damages for consortium, loss of estate, and funeral expenses.

The insurance company, however, challenged the award before the High Court, which drastically cut the compensation to ₹12,34,105. The High Court pegged the income at a much lower ₹4,076, applying minimum wages for a driver and denying consortium compensation to children and parents.

Rejecting the High Court's reasoning, the Supreme Court invoked its precedent in Ramachandrappa v. Royal Sundaram Alliance Insurance Co. Ltd. and emphatically stated:
“Even a coolie would get an income of Rs.4,500/- in the year 2004. Hence, an unskilled labourer considering the marginal and incremental increase in each successive year @ Rs.500/- per year would be entitled to get almost Rs.10,000/- in the year 2014.”

Reinforcing the Tribunal’s original assessment, the Court declared:
“The claim made before the Tribunal with respect to the driver of a heavy vehicle getting Rs.10,000/- as wages per month must be necessarily accepted.”

This pronouncement sends a strong message against mechanically applying minimum wage rates without considering the actual skill and nature of the work.

“Consortium Is Not Just for Wives”: Court Restores Compensation to Children and Parents

Addressing the High Court’s removal of consortium damages for parents and children, the Supreme Court turned to its ruling in New India Assurance Co. v. Somwati, and reaffirmed:
“It has been held… that even the children and the parents are entitled to compensation for loss of consortium.”

The Court insisted that even though the claimants had not appealed the High Court decision, “the award made as compensation for loss of consortium to the children and the parents by the Tribunal has to be retained.”

This observation is significant—it reasserts that the loss of love, affection, and companionship is not exclusive to spousal relationships, and that the law now recognizes the emotional void suffered by children and aging parents alike.

The Supreme Court concluded by restoring the Tribunal’s award in its entirety and directed disbursal of compensation within two months. The justices added:
“If any of the minor children have not attained majority, the amount shall be kept in a fixed deposit, the interest of which can be disbursed to the mother who is the guardian.”

In doing so, the Court balanced legal finality with compassionate justice, while reaffirming its commitment to judicial sensitivity in cases of wrongful death.

This judgment is a strong reaffirmation of the judiciary's evolving approach to just, fair, and realistic compensation in motor accident cases. Rejecting rigid and outdated benchmarks, the Court leaned into ground realities and human dignity, stressing that tribunals and courts must treat the economic value of life with the respect it deserves.

“We set aside the order of the High Court restoring the order of the Tribunal… the insurance company shall deposit the amounts within the period stipulated.”

Date of Decision: May 15, 2025

Latest Legal News