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Patna High Court

Shri Ram General Insurance Co Ltd,versusRitu Agrawal and Ors

Decided
Disposal
DISPOSED

Holding

The High Court upheld the Tribunal’s use of average tax returns but increased the compensation by applying a one‑fourth deduction for five dependents.

Summary

The claimants, widows and children of a deceased businessman, sought compensation under the Motor Vehicles Act after a truck collided with their motorcycle, killing the husband. The Motor Accident Claims Tribunal awarded Rs 25,19,616, calculating loss of income using the average of two years of income‑tax returns and applying a one‑third deduction for five dependents. On appeal, the claimants argued that the Tribunal should have used the last tax return and applied a one‑fourth deduction as per Supreme Court precedents, while the insurer contended issues of mis‑joinder and fault. The Patna High Court held that the Tribunal’s discretion to use the average return was valid, but accepted the claimants’ contention on the dependent ratio, recalculating the award to Rs 36,20,155 plus interest. The court modified the Tribunal’s order accordingly and ordered the return of the statutory deposit.

Issues considered

  • Whether the Tribunal erred in using the average of two years' income‑tax returns instead of the last return for calculating compensation.
  • Whether the deduction for dependents should be one‑fourth rather than one‑third when there are five family members.
  • Whether the insurer can be held liable despite the non‑joinder of the motorcycle owner.

Legislation cited

Subjects

  • motor accident
  • compensation
  • dependents
  • income tax return
  • Motor Vehicles Act
  • insurance liability
  • appellate court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Miscellaneous Appeal No.827 of 2014
     ======================================================
1.    Ritu Agrawal W/o Late Chandrahas Kumar Agrawal @ Chandrahas Agrawal
      @ Pappu Jee
2.   Pooja Agrawal D/o Late Chandrahas Kumar Agrawal @ Chandrahas
     Agrawal @ Pappu Jee
3.   Krishna Agrawal D/o Late Chandrahas Kumar Agrawal @ Chandrahas
     Agrawal @ Pappu Jee
4.   Hema Agrawal D/o Late Chandrahas Kumar Agrawal @ Chandrahas
     Agrawal @ Pappu Jee
5.   Yash Agrawal minor son of Late Chandrahas Kumar Agrawal @ Chandrahas
     Agrawal @ Pappu Jee Serial No. 5 is minor son of Late Chandrahas Kumar
     Agrawal @ Chandrahas Agrawal @ Pappu Jee under the guardianship of
     their mother and natural guardian appellant No. 1. All are resident of Flat
     No. 502, Ashiana Vihar, Rajendra Path Near C.D.A. Building, P.S. - Gandhi
     Maidan, District - Patna.

                                                             ... ... Appellant/s
                                      Versus
1.   Manager, Sriram General Insurance Company Ltd. Insurer of Truck No. AP -
     28TA - 5466
2.   Raoshank Chillure S/o Kamlakar Chillure Flat No. G-6, Vajreshwari
     Complex, Hal Colony Bus Stop, Old Bowenpally Quthumbullapur,
     Rangareddy, Hyderabad Pin 500072 Owner of the Truck
3.   Guddu Choudhary S/o Ram Sarup Choudhary Village and P.S. - Mohaniya,
     District - Bhabhua.

                                                           ... ... Respondent/s
     ======================================================
                                        with
                       Miscellaneous Appeal No. 496 of 2015
     ======================================================
     Shri Ram General Insurance Co Ltd,

                                                    ... ... Appellant/s
                                 Versus
1.   Ritu Agrawal W/o Late Chandrabas Kumar Agrawal @ Chandra Has
     Agrawal @ Pappu Jee
2.   Pooja Agrawal D/O Late Chandrabas Kumar Agrawal
3.   Krishna Agrawal D/O Late Chandrabas Kumar Agrawal
4.   Hema Agrawal D/O Late Chandrabas Kumar Agrawal
5.   Yash Agrawal S/O Late Chandrabas Kumar Agrawal, All Resident of
     Village- 502 Ashiana Vihar, Rajendra Path Near CDA Building, P.S.- Gandhi
     Maidan, District- Patna.
6.   Roshan Kumar Chillure S/O Kamlakar Chillure, Resident of Flat no- G 6,
Patna High Court MA No.827 of 2014 dt.08-01-2026
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        Vajreshwari Complex, Hal Colony Bus Stop, Old Bowenpally Qutubullapur,
        Rangareddy, Hyderabad, Andhra Pradesh- 500072
  7.    Guddu Chaudhary S/O Ram Sarup Chaudhary, Resident of village P.S.-
        Mohaniya, District- Bhabhua.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       (In Miscellaneous Appeal No. 827 of 2014)
       For the Appellant/s    :        Mr. Mukesh Prasad Singh, Advocate
       For the Respondent/s   :        Mr.
       (In Miscellaneous Appeal No. 496 of 2015)
       For the Appellant/s    :        Mr. Alok Kumar @ Alok Kr. Shahi, Advocate
       For the Respondent/s   :        Mr.
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
       ORAL JUDGMENT
         Date : 08-01-2026

                      Heard Mr. Mukesh Prasad Singh, learned counsel for

         the appellant in MA. No. 827 of 2014 and Mr. Alok Kumar

         Shahi learned counsel for the appellant-company in MA. No.

         496 of 2015.

                      2. Both MA. No. 827 of 2014 and MA. No. 496 of

         2015 arises out of the Judgment and order dated 20.09.2014

         and award dated 06.04.2015 passed by the Additional District

         Judge-VII-cum-Motor Accident Claims Tribunal, Patna

         (henceforth for short ‘the Tribunal’) in Claim Case No.

         98/2011 by which the claim put forward by the lady-appellant in

         MA No. 827 of 2014 was allowed with direction to the

         Insurance Company to pay compensation amount of Rs.

         25,19,616/-.

                      3. Both the parties are aggrieved and have preferred
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         their respective appeal.

                      4. The ground taken in MA No. 827 of 2014 by the

         claimant-appellants is/are that:

                                      (i) ‘the Tribunal’ took into account the

                         average of the income tax return of the two years

                         instead of the last return while calculating the

                         amount;

                                      (ii) when the dependents were more than

                         three, then the deduction should have been one-

                         forth and not one-third, as such, the amount has to

                         be enhanced.

                      5. The Insurance Company on the other hand has

         preferred the appeal (MA. No. 496 of 2015) on the ground that

         the motorcycle met with an accident but the owner of the said

         motorcycle was not made party nor the insurance company was

         impleaded in the said case. Another ground has been taken that

         it was negligence on the part of the deceased that led to the

         accident.

                      6. The short fact of the case is that the claimant’s

         husband, Chandrahas Kumar Agrawal was moving alongwith

         a pillion rider from Mokama to Lakhisarai on 13.02.2011 on a

         Pulsar motorcycle (Reg. No. BR-28C-4358) when a Truck
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         (Reg. No. AP-28TA-5466) overtook them and from the

         backside of the said truck, they were hit. The claimant’s

         husband died on the spot while the Pillion rider, who survived,

         lodged the FIR.

                      7. ‘The Tribunal’ took up the matter and issues were

         framed as under:

                                      “I-     whether   the   claim   case   is

                         maintainable or not?

                                      II- whether the accident took place due

                         to rash and neglivent driving of the driver of the

                         alleged vehicle?

                                      III- whether the alleged vehicle involved

                         in the accident was insured by Opposite Party No.

                         1 Shri Ram General Insurance Co. Ltd. at the

                         alleged date and time of occurrence?

                                      IV- whether the driving licence of the

                         alleged driver and permit of the alleged vehicle

                         was effective at the date and time of occurrence?

                                      V- whether the monthly income of the

                         deceased is genuine?

                                      VI- whether the Opposite Party No. 1

                         Shri Ram General Insurance Co. Ltd or owner of
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                         the alleged vehicle is liable to pay compensation

                         amount to the claimants?

                                      VII- whether the claimants are entitled

                         for other relief or reliefs?”

                      8. ‘The Tribunal’ went into the matter and having

         found the claim to be genuine/maintainable further held that it

         was due to the negligent driving of the truck driver which was

         insured with the Shri Ram General Insurance Co. Ltd.

         (henceforth for short ‘the Insurance Company’) that the accident

         took place leading to the unfortunate death. Further, the truck

         was having a valid driving license and permit of the vehicle at

         the time of the occurrence. It accordingly, held ‘the Insurance

         Company’ liable for payment.

                      9. So far as the misjoinder and non-joinder of

         necessary party is/are concerned, ‘the Tribunal’ held that the

         same is not maintainable in the eyes of law as it has been proved

         that the accident took place due to rash and negligent driving of

         the truck driver which was having valid document and further

         was insured with ‘the Insurance Company’.

                      10. So far as the calculation is concerned, it took the

         two calender years of the income tax return of the deceased who

         was a businessman and came to the conclusion that taking the
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         average of the same coupled with the expenses that may have

         taken place, it held that the claimant is entitled to Rs.

         25,69,616/- only. As the interim compensation of Rs. 50,000/-

         was paid, direction was given to pay Rs. 25,19,616 alongwith

         interest of 7% from the date of filing of the claim till its

         realization. This order came to be passed on 20.09.2014.

                      11. Aggrieved, as recorded earlier, both the parties

         preferred the appeal as recorded above.

                      12. Learned counsel for the appellant-claimant

         submits that:

                              “(i) ‘the Tribunal’ erred in taking the average

                 of the two calender years of the IT returns and it should

                 have taken the last enhanced return while calculating the

                 amount;

                              (ii) further submission is that following the

                 case of National Insurance Company Limited vs.

                 Pranay Sethi and Others reported in (2017) 16 SCC 680,

                 as the family of the claimant consisted of five persons, the

                 calculation should have been one-fourth and not one-

                 third.”

                      13. In support of the first contention, the learned

         counsel for the appellant provided the order of the Hon’ble
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         Apex Court in the case of Nidhi Bhargava & Ors. vs.

         National Insurance Company & Ors. [Special Leave Petition

         (CIVIL) No. 10664 of 2019] wherein the High Court having

         ignored the last income tax return and reduced the amount that

         was directed to be paid by ‘the Tribunal’, came to the

         conclusion that though the last return was filed after the death, it

         was for the period 01.04.2007 to 31.03.2008 and as such, the

         same should have been taken into account.

                      14. This Court has taken note of the observation made

         by the Hon’ble Apex Court in paragraph-15 of the same order

         which read as follows:-

                                      “15. The High Court interfered and

                         reduced the compensation as awarded by the

                         Tribunal only on the ground that Return for the

                         Assessment Year 2008-2009 had to be excluded from

                         consideration. It is not in dispute that the deceased

                         was a businessman. The relevance of the Income Tax

                         Return stems, in the context of the Act, for the period

                         which it relates to i.e., the Financial Year concerned,

                         and not on the date on which it is filed with the

                         Income Tax Department. When faced with Returns

                         for different Assessment Years, it would be upto the

                         Tribunal concerned to adopt either the average
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                         income therefrom or choose an Assessment Year to

                         rely upon. There is good reason to leave judicial

                         discretion on the Tribunal to adopt one of the afore-

                         noted two courses of action, bearing in nature the

                         social purpose and object behind the Act, which is a

                         beneficial legislation. It is quite unfortunate that the

                         High Court in the present case has dealt with the

                         matter in such a casual and superficial way where

                         the rightful claim of the appellants under a welfare

                         legislation has been drastically reduced without any

                         cogent reason on a very tenuous ground, which we

                         find to be totally unjustified. As pointed out in

                         Shivaleela v Divisional Manager, United India

                         Insurance Co. Ltd., 2025 SCC OnLine SC 563:

                                                           (emphasis added)

                                      '13.... In K Ramya v. National Insurance

                         Co. Ltd., 2022 SCC OnLine SC 1338, after taking

                         note of, inter alia, Ningamma v. United India

                         Insurance Co. Ltd., (2009) 13 SCC 710, the Court

                         held that the .... Motor Vehicles Act of 1988 is a

                         beneficial and welfare legislation that seeks to

                         provide compensation as per the contemporaneous

                         position of an individual which is essentially
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                         forward-looking. Unlike tortious liability, which is

                         chiefly concerned with making up for the past and

                         reinstating a claimant to his original position, the

                         compensation under the Act is concerned with

                         providing stability and continuity in peoples' lives in

                         the future....'...2

                                                    (underlined in original)

                      15. The appellant-claimant clearly missed the said

         observation in paragraph 15 of the order.

                      16. This Court is also of the opinion that when faced

         with returns for different Assessment Years, it would be for ‘the

         Tribunal’ to adopt either the average income therefrom or

         choose an assessment year to rely upon. This judicial discretion

         is better left upon ‘the Tribunal’ to adopt one of the afore-noted

         two courses of action. Certainly this is a beneficial legislation.

                      17. As recorded above, ‘the Tribunal’ has taken the

         average of the two years while calculating the compensation

         amount and as such, so far as the first contention of the

         appellant-claimant is concerned, the same is rejected.

                      18. So far as the second contention is concerned,

         learned counsel for the appellant-claimant has taken this Court

         to the case of National Insurance Company Limited vs.

         Pranay Sethi and Others reported in (2017) 16 SCC 680
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         wherein taking into account the order of the Hon’ble Apex

         Court in Sarla Verma & Ors. vs. Delhi Transport

         Corporation & Anr. reported in (2009) 6 SCC 121 where it has

         been recorded that in case of dependents being four to six, one-

         fourth ratio has to be applied. The submission is that ‘the

         Tribunal’ clearly erred in taking the one-third into account while

         direction for making payment as such, thus, at least the

         deduction should be one-forth and not one-third.

                      19. Learned counsel, Mr. Shahi on the other hand,

         representing       the    appellant-company   opposes   the   prayer

         submitting that the facts of the case do not clearly show who

         was at fault, the truck driver or the motorcycle owner (deceased)

         and in that background, directing ‘the Insurance Company’ with

         whom the truck was insured to make the payment is/was not

         justified.

                      20. He, however, concede to the fact that in view of

         the judgments of the Hon’ble Apex Court (as recorded above)

         where the dependent family members are between four to six,

         one-fourth ratio has to be applied.

                      21. This Court has taken note of the submissions put

         forward by the parties as also the decision of the Hon’ble Apex

         Court both in Sarla Verma (supra) as also Pranay Sethi
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         (supra). Learned counsel for the claimant-appellant submits that

         it will be suffice if following the Hon’ble Apex Court order, the

         one-fourth ratio is applied in the present case.

                      22. This Court must put on record its word of

         appreciation for Mr. Alok Kumar Shahi who assisted the Court

         in recalculating the amount taking into account the one-fourth

         ratio in terms of decision of the Hon’ble Apex Court (as

         recorded above in the aforesaid two orders).

                      23. The recalculated amount (taking one-fourth ratio

         into account) is as follows:

                                       Income – 295398

                                       Less ¼th – 73849
                                                221548

                                      Multiplier – 13
                                                  2880124

                      Future Prospect 25% – 7,20,031
                                          36,00,155

                  Other Head (Funeral Exp. + Loss of Estate + Loss
         of consortium) --         70,000
                               36,70,155

                      Less – amount Paid – 50,000
                                        36,20,155/-

                      24. In that background, the order passed by ‘the

         Tribunal’ in Claim Case No. 92 of 2011 (Ritu Agrawal & Ors.

         vs. Manager, Sriram General Insurance Company Ltd. &
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                      Ors.) disposed of on 20.09.2014 is modified to the extent that

                      the appellants in the MA No. 827 of 2014 shall be entitled to

                      Rs. 36,20,155/- instead of Rs. 25,19,616 which shall be paid

                      alongwith interest of 7% per annum ( as per the direction given

                      by ‘the Tribunal’) from the date of the filing of the claim till the

                      actual payment is made.

                                   25. Both MA. No. 827 of 2014 and MA. No. 496 of

                      2015 stand disposed of with aforesaid observation.

                                   26. The statutory amount of Rs. 25,000/- deposited by

                      ‘the Company’ has to be returned.




                                                     (Rajiv Roy, J)
Adnan/-
AFR/NAFR                AFR
CAV DATE                N/A
Uploading Date          12.01.2026
Transmission Date       N/A


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