01Facts
The appellants—Hom Kumar’s widow and two minor daughters—appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded for his death in a road accident on 9 December 2021.
¶ 1–8The Claims Tribunal had assessed his monthly income at ₹6,700 and awarded ₹14,40,680.
¶ 1–8The appellants contended that his income should have been assessed at ₹9,280 per month under the Chhattisgarh minimum-wage notification.
¶ 1–8The High Court first condoned the 291-day delay in filing the appeal, then admitted and finally heard it with the parties’ consent.
¶ 1–8The insurer opposed enhancement.
¶ 9–1002Issues
i.1. Whether the 291-day delay in filing the appeal should be condoned
¶ 1–4ii.2. Whether the Tribunal’s assessment of the deceased’s monthly income at ₹6,700 should be revised to ₹9,280 under the applicable Chhattisgarh minimum-wage notification
¶ 9, 12iii.3. Whether the Tribunal’s application of future prospects, personal-expense deduction, multiplier, and conventional heads required further alteration
¶ 13–1403Law Applied
Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against a motor-accident compensation award.
In calculating compensation for death, the Court relied on National Insurance Co. Ltd. v. Pranay Sethi, which sets out principles for future prospects and conventional heads; Sarla Verma v. Delhi Transport Corporation, which guides the deduction for personal expenses and selection of multiplier; and Magma General Insurance Co. Ltd. v. Nanu Ram, concerning compensation under conventional heads.
¶ 14The Court also applied the Chhattisgarh minimum-wage notification issued by the Office of the Labour Commissioner to assess the deceased’s monthly income.
¶ 12Provisions in the judgment · 1 · Linked ones open on LawLens
Motor Vehicles Act, 1988 Section 173
04Reasoning
The Court found that the Tribunal had understated the deceased’s income: under the applicable minimum-wage notification, it should have been ₹9,280 per month, rather than ₹6,700.
¶ 12It left undisturbed the Tribunal’s findings that the deceased was 27 years old, that 40% should be added for future prospects, that one-third should be deducted for personal expenses, that a multiplier of 17 applied, and that ₹1,65,000 was appropriate under conventional heads.
¶ 13Applying those figures, the Court calculated total compensation of ₹19,31,912, an increase of ₹4,91,232 over the Tribunal’s award.
¶ 14–1505Holding
The Court condoned the delay and partly allowed the appeal.
¶ 3–4, 15–16It enhanced the compensation from ₹14,40,680 to ₹19,31,912, with the additional ₹4,91,232 carrying interest at 6% per annum from the date the claim application was filed until realization.
¶ 15–16The remaining terms of the Tribunal’s award were left intact.
¶ 15–16Original Court PDF
JYOTI RAJWADEvsUMASHANKAR SONWANI
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