A deceased migrant worker’s income may be assessed by adding personal expenditure equal to proven annual remittances.

A motorcycle–car accident on 27 November 1985 caused the death of Narshibhai Patel, aged about 27. The Tribunal found the car driver solely negligent and awarded the claimants Rs. 7,42,000, assessing the deceased’s annual income by reference to the Rs. 32,000 he remitted to his family each year.

The deceased’s mother initially filed the claim petition; after her death during its pendency, his wife and children were brought on record as legal representatives.

They appealed, contending that the compensation was inadequate.

1. Whether the Tribunal’s assessment of the deceased’s income, and consequently the award for loss of dependency, should be enhanced.

2. Whether the claimants were entitled to increased compensation under the conventional heads of consortium, loss of estate, and funeral expenses.

The Court applied the principles stated in National Insurance Co. Ltd. v. Pranay Sethi, reported at AIR 2017 SC 5157, adding 40% for future prospects for the deceased, who was aged about 27, and applying a multiplier of 17.

It deducted one-fourth of income towards the deceased’s personal expenses.

Relying on Pranay Sethi, read with Reena v. Managing Director, Karnataka State Road Transport Corporation, reported at 2026 (0) AIJEL-SC 77486, the Court assessed consortium at Rs. 52,000 for each of the four claimants, and loss of estate and funeral expenses at Rs. 19,500 each.

No specific statutory provision is identified in the judgment.

The Tribunal had accepted that the deceased remitted Rs. 32,000 annually to his family. The Court reasoned that he would also have spent a comparable amount on himself, and therefore assessed his annual income at Rs. 64,000.

It added 40% for future prospects, deducted one-fourth for personal expenses, and applied a multiplier of 17, producing loss of future income of Rs. 11,42,400.

It then reassessed the conventional heads in accordance with the cited precedents, resulting in total compensation of Rs. 13,89,400.

It ordered the Insurance Company to deposit the enhanced amount of Rs. 6,47,400, with interest at 9% from the date of the claim petition until realization, within ten weeks of receiving a copy of the order.

The enhanced amount is to be disbursed to the claimants by NEFT/RTGS after verification.