A deceased part-time worker’s income may be assessed using the KSLSA notional-income chart despite a lower salary certificate.

The deceased, aged about 46, died after a tanker collided with his motorcycle on 11 October 2016.

His wife and two children sought compensation under Section 166 of the Motor Vehicles Act, 1988.

The Tribunal found the tanker driver negligent and awarded Rs.10,90,280, including dependency loss calculated on the deceased’s proven salary of Rs.6,900 per month, together with interest at 6% per annum.

The claimants appealed, challenging the income assessment, conventional heads of compensation, and interest rate

1. Whether the deceased’s income for calculating loss of dependency should be assessed using the KSLSA notional income chart rather than his proved salary, and whether the award under consortium and other conventional heads required enhancement.

2. Whether interest at 6% per annum should be enhanced.

Under Section 166 of the Motor Vehicles Act, compensation must be just.

Sarla Verma (Smt.) v. Delhi Transport Corporation governs the applicable multiplier and deduction for personal expenses; National Insurance Co. Ltd. v. Pranay Sethi governs future prospects and conventional heads, including consortium.

The Court applied the KSLSA notional income chart for 2016, which fixed monthly income at Rs.9,500, and applied 25% future prospects for a deceased aged 46.

Under Section 171, the Tribunal has discretion to award simple interest from the date of the claim; the rate must be just and reasonable in the circumstances.

The Court relied on authorities supporting 9% per annum in motor accident compensation cases.

Although the deceased’s school salary certificate showed income of Rs.6,900 per month, the Court considered it appropriate to use the KSLSA chart’s 2016 notional income of Rs.9,500, noting the evidence that he also undertook other work, despite the absence of documentary proof of that work.

It retained the Tribunal’s one-third deduction and multiplier of 13, and added 25% for future prospects, calculating dependency loss at Rs.12,35,052.

It increased consortium to Rs.40,000 for each of the three claimants and applied a 30% escalation to the conventional heads of consortium, estate, and funeral expenses.

Having considered the cited authorities and the circumstances of the case, it found 9% interest appropriate from the date of the petition.

The Court modified the award by enhancing compensation by Rs.4,63,052 and directed payment of interest at 9% per annum on the entire compensation from the date of the petition until realization.

The insurer was directed to pay within eight weeks; the remaining award was left undisturbed.

The judgment contains an apparent arithmetic inconsistency: the compensation table and operative enhancement imply a total of Rs.15,53,332, whereas paragraph 12 states Rs.15,15,332.