Courts may enhance notional income for trained heavy-vehicle drivers despite absence of documentary income proof.

On 26 June 2018, Kumaraguru, aged approximately 52 years, was riding his Bajaj Pulsar motorcycle on Beach Road, Cuddalore, when a tipper lorry bearing registration No. TN 31 BB 0983 allegedly approached rashly and negligently and collided with the motorcycle. Kumaraguru sustained fatal injuries and died at the spot. A criminal case was registered against the lorry driver

The deceased’s wife, two daughters, and son filed a claim petition under the Motor Vehicles Act, 1988, asserting that he was a heavy goods vehicle driver earning approximately Rs.30,000 per month. The owner of the lorry remained ex parte, while the insurer disputed the manner of accident, the deceased’s income, the validity of the driver’s licence, and the deceased’s alleged failure to wear a helmet

The Motor Accidents Claims Tribunal held that the accident resulted from the rash and negligent driving of the lorry. It assessed the deceased’s notional monthly income at Rs.10,000, added 10% towards future prospects, deducted three-fourths towards personal expenses, applied a multiplier of 11, and awarded total compensation of Rs.14,14,000

The claimants appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement, principally on the ground that the deceased was a trained heavy passenger vehicle driver

1. Whether the monthly income of the deceased was fixed too low by the Tribunal and required enhancement in light of his age, occupation, and proficiency certificate as a trained heavy passenger vehicle driver?

2. Whether the compensation for loss of income was required to be recalculated by applying the appropriate addition for future prospects, deduction for personal expenses, and multiplier?

3. Whether the compensation awarded under the remaining heads required interference?

The Court exercised appellate jurisdiction under Section 173 of the Motor Vehicles Act, 1988 to examine the adequacy of compensation

For computation of dependency compensation, it applied the principles in Sarla Verma v. Delhi Transport Corporation, governing deductions towards personal and living expenses and selection of the multiplier, and National Insurance Co. Ltd. v. Pranay Sethi, governing the addition of future prospects

Since the deceased was aged 52 years, a multiplier of 11 and a 10% addition towards future prospects were applied. In view of the four dependants, one-fourth of the income was deducted towards the deceased’s personal expenses

The Court found that the finding on negligence was not in dispute and that the evidence of the eyewitness, together with the criminal case registered against the lorry driver, supported the Tribunal’s conclusion on liability

The principal question was quantum. Although the claimants could not establish an actual monthly income of Rs.30,000, Ex.P8 demonstrated that the deceased had been trained as a heavy passenger vehicle driver. Considering his occupation, the date of accident, and his age, the Court held that the Tribunal’s assessment of Rs.10,000 per month was meagre and enhanced the notional income to Rs.15,000 per month

Applying 10% future prospects, the monthly income became Rs.16,500. As there were four dependants, the Court deducted one-fourth towards personal expenses and applied the multiplier of 11 applicable to a person aged 52 years. The resulting loss of income was calculated as Rs.16,500 × 12 × 11 × 3/4, i.e., Rs.16,33,500

The Court found the amounts awarded under loss of love and affection, funeral expenses, transportation, loss of estate, and consortium to be just and proper and declined to modify them

The insurer was directed to deposit the enhanced compensation, after deducting the amount already deposited, within four weeks, together with interest at 7.5% per annum from the date of the claim petition until deposit

The claimants were permitted to withdraw the amount in accordance with the Tribunal’s directions, subject to payment of any applicable court fee. No order as to costs was made