A deceased’s notional income may be enhanced based on occupation and the year of the accident.

The appellants—the deceased’s wife, daughter and son—claimed compensation under Section 166 of the Motor Vehicles Act for his death following a road accident on 23 March 2019.

The Tribunal found the Tempo Traveller’s driver negligent and awarded ₹21,34,000, assessing the deceased’s monthly income at ₹14,100.

The claimants appealed under Section 173, seeking enhancement; negligence was not disputed in the appeal.

1. Whether the Tribunal’s assessment of the deceased’s monthly income, and consequently the compensation for loss of dependency, required enhancement

2. Whether the Tribunal’s awards under the other heads of compensation required interference

The claim was brought under Section 166 of the Motor Vehicles Act, and the appeal was under Section 173.

In assessing compensation, the Court applied Sarla Verma v. Delhi Transport Corporation, 2009 (6) SCC 121, for the multiplier and deduction towards the deceased’s personal expenses, and National Insurance Co. Ltd. v. Pranay Sethi, 2017 (2) TN MAC 601, for future prospects.

The Court applied a multiplier of 14 and added 25% for future prospects, given the deceased’s age of 44.

The Court confined its review to quantum, as the accident and the offending vehicle’s negligence were undisputed.

Considering the 2019 accident and the deceased’s avocation, it found the Tribunal’s income assessment inadequate and enhanced the monthly income from ₹14,100 to ₹17,000.

It added 25% future prospects, applied a multiplier of 14 and used a two-thirds dependency factor in calculating loss of dependency, resulting in ₹23,80,000 under that head.

It found the Tribunal’s awards under the other heads proper and reasonable.

The insurer was directed to deposit the award, after deducting any amount already deposited, within six weeks, with interest stated in the judgment as 7.5% per month from the date of the claim petition until deposit.

The Tribunal was directed to calculate the amount payable, including interest and costs, after adjusting amounts already withdrawn; the claimants were directed to pay any required court fee on the enhanced compensation.