Assessment of Notional Income and Just Compensation Upheld for Major Dependents in Fatal Motor Accident Claim

the appellants, the four major children of the deceased Aaytu Gawade, filed an appeal under Section 173 of the Motor Vehicles Act (MV Act) challenging the award passed by the I Additional Motor Accident Claims Tribunal, Bastar, on 11.11.2025

On 21.09.2024, the deceased died on the spot after his motorcycle was hit by the offending vehicle (CG 18 Q 0897)

The appellants claimed the deceased earned Rs. 18,000/- per month as a laborer/agriculturist

The Tribunal assessed the monthly income at Rs. 10,000/- and awarded a total compensation of Rs. 19,15,500/- with 9% interest

The appellants sought enhancement of this amount, arguing that the assessed notional income was too low

1. Whether the assessment of the deceased's notional income at Rs. 10,000/- per month by the Tribunal was erroneous and required enhancement.

2. Whether the compensation awarded by the Tribunal is just and proper under the facts and circumstances of the case.

The court applied the provisions of Section 173 and Section 166 of the Motor Vehicles Act, 1988, regarding the adjudication of accident claims

compensation should represent a "just" amount—it should neither be a meager sum nor a "bonanza" for the claimants

principles of dependency calculation including deductions for personal expenses and additions for future prospects (25% in this instance) and conventional heads like funeral expenses, loss of estate, and love and affection

The Court examined the evidence regarding the income and age of the deceased, noting that he was in the age group of 40-50 years

Although the appellants claimed an income of Rs. 18,000/- per month, the Court found that the Tribunal’s assessment of Rs. 10,000/- per month as notional income was based on the evidence on record and was not perverse or contrary to the facts

The Court observed that the appellants are all major children of the deceased

It verified the Tribunal's calculation, which included a multiplier of 15, a 25% addition for future prospects, and standard deductions, finding the total computation of Rs. 19,15,500/- to be reasonable and legally sound

The Court condoned the 23-day delay in filing via I.A. No. 01/2026. However, on merits, the Court dismissed the appeal, affirming the award dated 11.11.2025 passed in Claim Case No. 247/2024