A stale wage slip alone cannot establish income; notional monthly income was fixed at ₹18,000.

The appellants, the deceased Siva’s parents and sisters, sought compensation under Section 166 of the Motor Vehicles Act, 1988, for his death in a road accident on 22 March 2021.

The Tribunal found the lorry driver negligent and awarded Rs.19,66,600, including Rs.17,13,600 for loss of dependency.

The claimants appealed under Section 173, contending that the Tribunal had understated the deceased’s monthly income; the insurer argued that the award required no interference.

The deceased was aged about 30 and unmarried.

The claimants relied on a 2014 wage slip, but the employer was not examined.

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

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

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, against an award made on a claim under Section 166.

In assessing compensation, the Court applied National Insurance Company v. Pranay Sethi, which governs the addition for future prospects, and Sarla Verma v. Delhi Transport Corporation, which provides the multiplier and deduction framework, including a 50% deduction for the personal and living expenses of a deceased bachelor.

The Court also considered the deceased’s age, the available income evidence, and the accident year in fixing notional income.

The Court accepted that the wage slip supported the claim that the deceased had worked, but held that, standing alone and without testimony from the employer, it was insufficient to establish the claimed monthly income of Rs.20,000.

Considering the accident occurred in 2021 and the deceased was about 30, the Court fixed notional monthly income at Rs.18,000.

Applying 40% for future prospects, a multiplier of 17, and a 50% deduction for personal expenses, it recalculated loss of dependency at Rs.25,70,400.

It found the Tribunal’s awards for loss of estate, funeral expenses, and consortium reasonable and left them unchanged.

The insurer was directed to deposit the amount, less any sum already deposited, within six weeks, with interest at 7.5% per annum from the claim petition date to deposit; no interest was payable for the default period.

Withdrawal was subject to filing an application, payment of court fee on the enhanced amount, and the Tribunal’s directions on disbursement.