Santosh Kumar v. Naresh Kumar And 2 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

FIRST APPEAL FROM ORDER No. - 967 of 2026

Court No. - 39

HON'BLE ABDUL SHAHID, J.

1. Heard learned counsel for the appellant.

2.The present appeal has been filed for enhancement of the award dated 28.01.2026

passed by Motor Accident Claims Tribunal, in Claim Petition No. 354 of 2022

(Santosh Kumar Versus Naresh Kumar and others).

3. As per Section 168 of the Motor Vehicles Act, the award has to be based on just

compensation; however, no amount can truly compensate for the loss of life or human

organs. The Motor Accident Claims Tribunal is required to award just compensation,

which should be neither a bonanza nor a windfall. The learned Tribunal has

considered all the relevant issues and assessed the income of the injured at Rs. 9,530

per month as an unskilled worker, along with a 40% enhancement towards loss of

future prospects, as per settled law.

4. The entire claim has been awarded for an amount of Rs. 33,07,310/- along with

interest at the rate of 7% per annum. An appeal for enhancement must be supported by

reasonable and cogent grounds, it should not be filed as it has been filed.

5. The learned Tribunal has awarded reasonable and just compensation in accordance

with Section 168 of the Motor Vehicles Act and the law settled by the Hon'ble

Supreme Court..

6. In view thereof, the present appeal is not entitled to be admitted. It is liable to be

dismissed at the stage of admission itself.

7. The appeal is dismissed accordingly.

April 27, 2026 K.K. Maurya

Counsel for Appellant(s) : Krishna Mohan Rai Counsel for Respondent(s) :

(Abdul Shahid,J.)

Santosh Kumar .....Appellant(s)

Naresh Kumar And 2 Others .....Respondent(s)