Monthly Income Of Deceased Rightly Assessed In Motor Accident Cases When Salary Certificate Is Unchallenged: HP High Court

The Himachal Pradesh High Court has held that the monthly income of a deceased is deemed to be rightly assessed when the salary certificate is proved and it is not challenged during cross-examination.

Justice Jiya Lal Bhardwaj remarked that: “The Court found that the Tribunal correctly assessed the deceased's monthly income as ₹25,000, noting that the salary certificate was proved and not challenged during cross-examination”.

Further, the Court reiterated that: “Order 41 Rule 33 of CPC gives the power to the Appellate Court to pass any decree and make any order which ought to have been passed… and this power may be exercised… although such respondents… may not have filed any appeal or objection.”

The appellant, Depot Manager of Dehradoon Roadway, challenged the Motor Accident Claims Tribunal's award mainly on three grounds: (1) that the deceased's income of ₹25,000 per month was not proved (2) the future prospects were wrongly computed and (3) the interest rate of 9% per annum was excessive.

The Court remarked that the Tribunal erred by applying a 30% addition for future prospects as for self-employed persons aged between 40–50 years, only a 25% increase is allowed.

Thus, the Court partly allowed the appeal, holding that even though the Tribunal erred in calculating future prospects, the assessment of income and rate of interest were proper.

Case Name: Depot Manager of Dehradoon Roadways v/s Suman Devi and others 

Case No.: FAO (MVA) No. 36 of 2016

Date of Decision: 07.11.2025

For the appelant: Mr. Rahul Mahajan, Advocate

For the Respondent: Mr.Y.P. Sood, Advocate, for respondent Nos.1 to 4.

Mr. Dheeraj K. Vashisht, Advocate, for respondent No.5.

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