Compensation must include individual consortium for each claimant and realistic income assessment for skilled workers.

The appellants (claimants) are the legal heirs of Vishu Mardi, a 20-year-old electrician holding an ITI Diploma who died in a vehicular accident

The Motor Accident Claims Tribunal (Tribunal) at Bokaro awarded a compensation of Rs. 7,36,000/- with 6% interest, calculating the deceased's monthly income at Rs. 5,000/-

The appellants challenged this award before the High Court of Jharkhand, seeking enhancement on the grounds that the deceased was a skilled worker whose income should have been assessed at Rs. 12,000/- per month and that individual consortium was not awarded to all six claimants

1. Whether the Tribunal erred in assessing the monthly income of a skilled ITI Diploma holder at Rs. 5,000/- despite the prevailing minimum wage notifications for skilled workers

2. Whether each claimant is entitled to a separate award for loss of consortium

The Court primarily applied the principles established in Sarla Verma (Smt) and others v. Delhi Transport Corporation and another (2009) 6 SCC 121 regarding the 50% deduction for personal expenses for a bachelor and the application of the appropriate multiplier (18 for the age group of 20 years)

It further adhered to standard judicial practice regarding conventional heads, awarding Rs. 40,000/- per claimant for consortium and Rs. 15,000/- each for funeral expenses and loss of estate

The Court observed that while documentary evidence for a monthly income of Rs. 12,000/- was absent, the deceased’s status as a qualified electrician with an ITI Diploma justified a reasonable income estimate of Rs. 8,000/- per month

The Court rejected the Insurance Company's argument that the lack of work experience justified a lower income, noting his trade and qualification

Following established precedent, the Court added 40% for future prospects (bringing the income to Rs. 11,200/-) and deducted 50% for personal expenses as the deceased was a bachelor

Using a multiplier of 18, the dependency was calculated at Rs. 12,96,000/-

Regarding consortium, the Court held that the Tribunal erred in awarding a lump sum of Rs. 40,000/- and instead awarded Rs. 40,000/- to each of the six claimants

The Court ordered that the enhanced amount shall carry interest at 6% per annum from the date of the claim petition until realization

The Insurance Company was directed to deposit the differential amount with the Court within six weeks

Upon deposit, the Registry was directed to transfer the funds directly to the appellants' bank accounts while maintaining the investment directions of the original Tribunal order