A 37-year-old fatal-accident victim warrants ₹14,000 notional income and 40% future prospects.

The appellants— the deceased’s wife, two minor sons, and parents—claimed compensation under Section 166 of the Motor Vehicles Act, 1988, after Magesh Kumar @ Mamootian died in a road accident on 8 August 2019.

The Tribunal found the lorry driver negligent and awarded ₹16,48,000, calculating dependency on a notional monthly income of ₹9,000 and adding 20% for future prospects.

The claimants appealed, seeking enhancement, principally on the grounds that the deceased’s income and the amounts under other heads had been assessed too low.

1. Whether the Tribunal’s assessment of the deceased’s notional income and future prospects, for calculating loss of dependency, required enhancement.

2. Whether the compensation awarded under the other heads required enhancement.

Section 166 of the Motor Vehicles Act, 1988 provides the basis for a claim for compensation arising from a motor accident, and Section 173 provides for an appeal against the Tribunal’s award.

In assessing compensation for loss of dependency, the Court applied the principles in National Insurance Company Ltd. v. Pranay Sethi, reported as 2017 (2) TNMAC 758, to add future prospects by reference to the deceased’s age.

The Court also considered the appropriate notional income, personal-expense deduction, and multiplier in determining dependency compensation.

The Court found no dispute regarding the accident or the lorry driver’s negligence.

Although the claimants had not proved the deceased’s asserted earnings of ₹800 per day, the Court held that the Tribunal’s ₹9,000 monthly notional income was inadequate given the deceased’s age and the 2019 accident.

It substituted ₹14,000 per month and, applying Pranay Sethi, added 40% for future prospects.

It retained the Tribunal’s one-fourth deduction for personal expenses and multiplier of 15, producing dependency compensation of ₹26,46,000.

The Court further enhanced the amount under the head it described as “loss of love and affection” to ₹2,00,000 for five claimants, and retained ₹15,000 each for loss of estate and funeral expenses.

The insurer was directed to deposit the enhanced compensation, less any amount already deposited, within six weeks; the Tribunal’s apportionment was to remain unchanged.

The claimants were directed to pay any court fee due on the enhanced amount, and no interest was payable for any period of delay.