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Supreme Court Enhances Compensation for Family of Deceased Motorcyclist, Citing Future Prospects and Proper Consortium in Fatal Accident Case

Vivek G.

Supreme Court raises compensation for motorcyclist’s family, correcting income assessment and consortium amounts. Judgment stresses fair relief in fatal accident claims. - Rani @ Raj Kumari & Others vs. Kamlakat Gupta & Others

Supreme Court Enhances Compensation for Family of Deceased Motorcyclist, Citing Future Prospects and Proper Consortium in Fatal Accident Case

In a significant move to ensure justice for road accident victims’ families, the Supreme Court has enhanced the compensation payable to the dependants of a 33-year-old motorcyclist who died after being hit by a rashly driven jeep in Jhansi. The bench, led by Justice N.V. Anjaria, delivered the decision on December 5, 2025.

Read in Hindi

Background

Sobran Singh was returning home around 7 p.m. when a Gypsy vehicle struck his motorcycle near Bhojla village. He suffered serious head and leg injuries and died eight days later while under treatment at Gwalior Hospital.

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His wife, three minor daughters, a minor son, and his elderly parents filed a claim seeking ₹26,10,000 as compensation. The Motor Accident Claims Tribunal initially awarded ₹7,28,500 with 6% interest. The Allahabad High Court later increased it marginally to ₹9,20,500 with 7% interest. Still dissatisfied, the family moved the Supreme Court.

Court’s Observations

The Court examined employment certificates and land-related records to determine his income. It found reasonable proof that Sobran earned ₹6,000 from his job at a stone crusher company and had additional farm earnings.

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“The bench observed, ‘It is normal to expect that a person employed in this stone crusher unit would earn Rs. 6,000/- per month.’”

Recognizing he also worked on agricultural land, the Court added ₹2,000 per month toward farming income.

The judges corrected two key issues:

  1. Wrong Deduction of Personal Expenses
    With seven dependants, only 1/5th should be deducted, not 1/4th as earlier applied.
  2. Improper Multiplier and Lack of Future Prospects
    Following Pranay Sethi, a multiplier of 16 and 40% addition for future earnings were ordered.

The bench also criticized both lower courts for awarding extremely low consortium amounts a form of compensation recognising love, care, and companionship lost due to death.

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“The Tribunal granted ₹4,000 lump sum, and the High Court only ₹70,000. A proper amount under the head of consortium is required.”

Decision

The Supreme Court finally fixed Sobran Singh’s just compensation at ₹20,55,320, granting ₹11,34,820 extra over the High Court’s award, with 7% interest from the date the family first approached the Tribunal.

The insurance company has eight weeks to deposit the additional amount, which will then be distributed in the same proportion as earlier directed 75% to the widow and children, and 25% to the parents. Consortium of ₹40,000 each must be paid to all seven claimants directly into their bank accounts after verification.

Case Title:- Rani @ Raj Kumari & Others vs. Kamlakat Gupta & Others

Case Number: Civil Appeal No. 5224 of 2024

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