Disposed¶17

Achal Kumari and 4 Others v. Ila Agarawal and 3 Others

Allahabad HC22 Jan 2026FAFO/27/2026

Case brief

AI extract

What is this about?

Enhancement of compensation; notional income Rs. 6,000 vs Rs. 9,000 per month; future prospects 40% vs 50%; Section 173 Motor Vehicle Act 1988; MACT North Lucknow M.A.C.P. No. 92 of 2019; award dated 30.09.2025 of Rs. 13,10,979 with interest; FAFO 27 of 2026; Prashant Kumar J; E. Vajramma [2025 ACJ 1430]; Karamjit Kaur [2023 ACJ 1835]; New India Assurance v. Urmila Shukla [2021 ACJ 2081]; appeal admitted; notice; listed 08.05.2026; no merits decided.

What did the court decide?

Appeal admitted; notice to respondents (steps for service within one week); record of the Tribunal summoned; matter listed on 08.05.2026 along with the Tribunal record. ¶17

Achal Kumari and 4 Others vs Ila Agarawal and 3 Others — Motor Accident Claims | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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FIRST APPEAL FROM ORDER No. - 27 of 2026

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Achal Kumari And 4 Others

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.....Appellant(s)

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Versus

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Ila Agarawal And 3 Others

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		.....Res	pondent(s)
Counsel for Appellant(s) Counsel for Respondent(s)	: Sandeep Agrawal :	Kumar Agrawal,	Shivansh

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Court No. - 20

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HON'BLE PRASHANT KUMAR, J.

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Heard learned counsel for the appellants and perused the record.

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The instant appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988 for enhancement of compensation against the judgment and award dated 30.09.2025 passed by the Motor Accident Claims Tribunal, North Lucknow in M.A.C.P. No.92 of 2019, whereby compensation of Rs.13,10,979/- along with interest has been awarded in favour of the claimants.

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Learned counsel for the appellants submits that the notional income of the deceased was considered as Rs.6,000/- per month however, it should have been considered as Rs.9,000/- per month, to buttress this argument, he is placing reliance on judgments passed Apex Court in the matters of E. Vajramma and others vs. Shriram General Ins. Co. Ltd. and another reported in [2025 ACJ 1430 and Karamjit Kaur and others v. Royal Sundaram Alliance Ins. Co. Ltd. and others reported in [2023 ACJ 1835] .

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He further submits that the future prospect given by the Tribunal is only 40% whereas it should have been given as 50%, to buttress this argument, he is placing reliance on a judgment passed by Apex Court in the matter of New India Assurance Co. Ltd. vs. Urmila Shukla and others reported in [2021 ACJ 2081] .

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FAFO No. 27 of 2026

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