Dependency compensation recalculated using ₹9,000 monthly notional income and 25% future prospects.

On 23 April 2015, Shivamma was travelling in an autorickshaw when it was struck by a goods tempo.

She sustained injuries and died on 26 April 2015.

Her legal representatives sought compensation before the MACT, Mysuru, which awarded Rs.10,06,000 with interest at 6% per annum.

The claimants appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement, principally contending that the Tribunal had undervalued the deceased’s income and conventional heads of compensation

1. Whether the Tribunal’s assessment of the deceased’s income and the resulting loss-of-dependency award should be enhanced

2. Whether compensation under the conventional heads should be enhanced

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988

In assessing compensation, the Court applied the principles it described as settled law: a reasonable notional income may be adopted where earnings are not proved; future prospects may be added; personal expenses may be deducted; and the appropriate multiplier applied to calculate loss of dependency

The Court also reassessed compensation under conventional heads, but cited no specific precedent or statutory provision for those calculations

The claimants produced no documents establishing that Shivamma earned Rs.300 per day.

The Court nevertheless assessed her notional monthly income at Rs.9,000, added 25% for future prospects, deducted one-third for personal expenses, and applied a multiplier of 14, arriving at Rs.12,60,000 for loss of dependency.

It also increased compensation for loss of consortium and loss of estate, while leaving medical expenses and transportation and funeral expenses unchanged.

These recalculations justified enhancement of the Tribunal’s award.

The Court modified the award from Rs.10,06,000 to Rs.14,64,100 and granted enhanced compensation of Rs.4,58,100, with interest at 6% per annum from the date of the appeal until realization.

The Insurance Company was directed to deposit the enhanced amount within six weeks of receiving the certified judgment.