Alcohol detected in the stomach alone does not establish intoxication or contributory negligence.

The appellants, the deceased’s wife, daughters and mother, sought enhancement of compensation for his death in a 2010 road accident.

The Tribunal awarded ₹38,84,246, but deducted 20% for the deceased’s contributory negligence and awarded ₹31,07,396.

The claimants appealed, challenging the negligence finding and the assessment of compensation.

The deceased’s salary was evidenced by a salary certificate, and the Tribunal had not added future prospects.

1. Whether the Tribunal was justified in finding the deceased 20% contributorily negligent based on the evidence of alcohol in his stomach.

2. Whether the compensation required enhancement, including recalculation of loss of dependency and amounts under other heads.

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

The Court applied National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, for the addition of future prospects and the applicable conventional heads of compensation, and Sarla Verma v. DTC, (2009) 6 SCC 121, for selection of the multiplier.

A finding of contributory negligence must be supported by evidence; a medical record indicating alcohol in the stomach does not, without more, conclusively establish intoxication at the time of the accident.

The accident and the deceased’s death were undisputed. The accident register’s notation that the deceased was a known alcoholic and had alcohol in his stomach did not establish that he was intoxicated when the accident occurred; nor did the record provide sufficient proof to sustain the Tribunal’s 20% negligence finding. The Court therefore set that finding aside.

For loss of dependency, it retained the monthly income of ₹29,406, added 30% for future prospects, deducted one-fourth for personal expenses, applied a multiplier of 15, and deducted 10% for income tax, arriving at ₹46,77,702.

It also enhanced compensation for the children’s and mother’s loss of love and affection and for funeral expenses, while leaving the other specified heads unchanged.

The insurer was directed to deposit the modified compensation, with interest at 7.5% per annum from the date of the claim petition until deposit, less any amount already deposited, within four weeks.

The Tribunal was directed to transfer the respective shares to the claimants in accordance with its apportionment order.

The Court also declared the second and third appellants to be majors and discharged their mother from guardianship.