Son Pal and Another vs Kishan Kumar — Motor Accident Claims | Allahabad HC (2025)

Son Pal and Another vs Kishan Kumar — Motor Accident Claims | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: appeal admitted, notice to respondents directed, lower court record to be summoned, matter to be listed after eight weeks; operation of the impugned judgment and award conditionally stayed subject to deposit of Rs.5,00,000/- with the Tribunal within two months (receivable by the claimant without security/surety), with recovery of the remaining amount including interest stayed upon furnishing security/surety to the Tribunal's satisfaction and automatic vacatur on non-compliance; statutory deposit of Rs.25,000/- ordered remitted back to the concerned Tribunal forthwith. Merits of the appellant's contentions left for consideration at a later hearing.

Issue for consideration

Whether the Tribunal's assessment of compensation by taking the claimant's monthly income as Rs.20,000/- without any documentary proof of income is excessive (contention raised by learned counsel for the appellant). +2 more

Ratio / Principle

The operation of the impugned judgment and award shall remain stayed, provided the appellants deposit Rs.5,00,000/- (five lakhs only) before the concerned Tribunal within two months, which amount the claimant may receive without furnishing any security or surety; the recovery of the remaining amount including interest shall remain stayed provided the appellants furnish security/surety in respect thereof to the satisfaction of the Tribunal; if this condition is not complied with, the order will be deemed automatically vacated.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 38), Sandeep Jain, J. — interim order dated December 17, 2025 in FIRST APPEAL FROM ORDER No. - 2949 of 2025. Son Pal and another (the driver and owner of an offending tractor that was not insured on the date of the alleged accident) appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 08.10.2025 of the Motor Accident Claims Tribunal, Farrukhabad in Motor Accident Claim Petition No.18 of 2020 (Kishan Kumar vs. Son Pal and another), whereby Rs.29,65,115/- with interest @ 7% per annum was awarded to the claimant for injuries suffered in the motor accident of 17.09.2018, payable jointly and severely by the owner and driver. Learned counsel for the appellant contended: (i) Rs.20,000/- per month was adopted as the claimant's income without documentary proof, making the assessment excessive; (ii) although the claimant's earning capacity was allegedly unaffected, the Tribunal assessed functional disability at 40% matching the alleged 40% permanent disability; and (iii) non-pecuniary damages are excessive. The appeal was admitted, notice ordered, lower court record summoned, and listing fixed after eight weeks ('Matter requires consideration'). Operation of the impugned judgment and award was stayed conditionally: deposit of Rs.5,00,000/- (five lakhs only) before the concerned Tribunal within two months, receivable by the claimant without furnishing any security or surety; recovery of the remaining amount including interest stayed provided security/surety satisfactory to the Tribunal is furnished; the order is deemed automatically vacated if the condition is not complied with. The statutory deposit of Rs.25,000/- made at filing was ordered remitted back to the Tribunal forthwith. No precedent was cited and no merits adjudicated at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

FIRST APPEAL FROM ORDER No. - 2949 of 2025

Son Pal And Another

.....Appellant(s)

Versus

Kishan Kumar

.....Respondent(s)

Counsel for Appellant(s) : Radhey Shyam Yadav, Sr. Advocate Counsel for Respondent(s) :

Court No. - 38

HON'BLE SANDEEP JAIN, J.

The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the driver and owner against the impugned judgment and award dated 08.10.2025 passed by the Motor Accident Claims Tribunal, Farrukhabad in Motor Accident Claim Petition No.18 of 2020 (Kishan Kumar vs. Son Pal and another), whereby for the injuries suffered by the claimant in a motor accident that occurred on 17.09.2018, a compensation of Rs.29,65,115/- along with interest @ 7% per annum has been awarded to the claimant, which has been ordered to be paid jointly and severely by the owner and driver of the offending tractor, since, the offending tractor was not insured on the date of the alleged accident.

Learned counsel for the appellant submitted that no documentary proof of income of the claimant was submitted before the Tribunal but still the Tribunal has assessed compensation by taking his monthly income as Rs.20,000/- per month, which is excessive. It was further submitted that the claimant allegedly suffered 40% permanent disability but his earning capacity was not at all affected by the injuries suffered in the accident, as such, there was no functional disability but still the Tribunal has assessed the compensation by taking functional disability of the claimant at 40%. It was further submitted that the Tribunal has awarded excessive amount of compensation towards non-pecuniary heads, which was not at all warranted in the facts and circumstances of the case.

Matter requires consideration.

FAFO No. 2949 of 2025

2

Appeal is admitted.

Issue notice to the respondents.

Office is directed to summon the lower court record.

Steps be taken both ways within a week.

List this matter after eight weeks.

The operation of the impugned judgment and award shall remain stayed, provided the appellants deposit only Rs.5,00,000/- (five lakhs only) before the concerned Tribunal within a period of two months from today and the claimant is entitled to receive this amount without furnishing any security or surety. The recovery of the remaining amount including interest shall remain stayed provided the appellants furnish security/surety in respect thereof to the satisfaction of the concerned tribunal. If this condition is not complied with, this order will be deemed to have been automatically vacated.

Office is directed to remit back the statutory deposit of Rs.25,000/made by the appellants at the time of filing of the appeal to the concerned Tribunal, forthwith.

(Sandeep Jain,J.)

December 17, 2025

Jitendra

Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad