Employer-proved salary slips can establish income for motor accident compensation without Form 16.

Brajesh Kumar Tripathi, aged 37, was killed when a trailer struck his motorcycle from behind on 23 February 2013. He was employed as a Junior Engineer and earned a monthly salary of Rs. 33,787

The Motor Accident Claims Tribunal awarded Rs. 41,61,960 with interest. The insurer appealed only on quantum, challenging the income assessment; the widow and children cross-objected, seeking future prospects and conventional heads of compensation

1. Whether the Tribunal was justified in assessing the deceased’s income on the basis of salary slips proved through the employer, rather than requiring Form 16

2. Whether the compensation should be enhanced by adding future prospects and amounts for consortium, loss of estate, and funeral expenses

It applied the established method of calculating dependency compensation by determining the deceased’s income, adding future prospects, deducting the deceased’s personal expenses, and applying the appropriate multiplier.

It also assessed compensation under conventional heads, including consortium, loss of estate, and funeral expenses

The Court rejected the insurer’s challenge because the salary slips were proved through the employer’s representative, and the Tribunal had assessed income after deducting professional tax and income tax; the Court found no basis to require Form 16 instead

On the cross-objection, it added 50% for future prospects, deducted one-third for personal expenses, applied a multiplier of 15, and allowed amounts for funeral expenses, loss of estate, and consortium

The judgment’s compensation table contains an apparent arithmetic inconsistency: the listed conventional heads added to the stated dependency figure exceed the stated total compensation

It directed the insurer and the vehicle owner, jointly and severally, to pay Rs. 19,23,480 as enhanced compensation, with interest at 8% per annum from the date of the claim petition until realization, within 12 weeks; it also directed payment of court fee on the enhanced amount and transfer of the statutory deposit with interest to the Tribunal