A deceased vegetable vendor’s notional income may be fixed at ₹15,000 monthly based on circumstances.

The appellants, the deceased’s wife and three daughters, sought enhancement of the compensation awarded by the Motor Accident Claims Tribunal for his death in a road accident on 22 January 2019.

The Tribunal found the motorcycle rider negligent and assessed the deceased’s notional monthly income at ₹10,000, adding 25% for future prospects and awarding total compensation of ₹16,77,000.

The claimants appealed, contending that his income as a vegetable vendor should have been assessed at ₹15,000 per month.

The insurer opposed enhancement, arguing that the Tribunal’s assessment was appropriate in the absence of proof of income

Whether the Tribunal’s assessment of the deceased’s notional monthly income at ₹10,000 required enhancement

Under Section 173 of the Motor Vehicles Act, 1988, an aggrieved party may appeal against a Claims Tribunal award.

In assessing compensation for loss of dependency, *National Insurance Company Ltd. v. Pranay Sethi*, (2017) 16 SCC 680, provides for the addition of future prospects; the Court applied a 25% addition in this case.

Under *Sarla Verma v. Delhi Transport Corporation*, 2009 (2) TNMAC 1 (SC), the applicable multiplier is determined by the deceased’s age, and personal expenses are deducted with regard to the number of dependants.

The Court applied a one-fourth deduction and multiplier of 13 for a deceased aged 47

The Court treated the deceased’s income as the sole issue in the appeal; negligence was not disputed.

Although documentary proof of the claimed income was not identified, the claimants’ evidence that the deceased worked as a vegetable vendor, the accident year (2019), and his dependants and age led the Court to find ₹15,000 per month appropriate.

Applying the established 25% future-prospects addition, one-fourth deduction for personal expenses, and multiplier of 13, the Court recalculated loss of dependency at ₹21,93,750.

It confirmed the Tribunal’s awards under the other heads

Total compensation was enhanced from ₹16,77,000 to ₹24,08,000, with interest at 7.5% per annum from the date of the claim petition to deposit, excluding any period of default.

The insurer was directed to deposit the enhanced amount, interest, and costs, less any amount already deposited, within six weeks; the claimants may withdraw their apportioned shares in accordance with the Tribunal’s directions