Facts
Narayan Prasad Chandra died from injuries sustained in a motor vehicle accident on 27 September 2024.
Source reference: para. 1–2His widow and son claimed that he worked as a mason and earned Rs.15,000 per month.
Source reference: para. 1–2The Motor Accident Claims Tribunal assessed his monthly income at Rs.10,380, applying the minimum wage prescribed for an unskilled labourer, and awarded compensation of Rs.14,82,500.
Source reference: para. 1–2The claimants appealed, seeking enhancement on the basis of the higher asserted income.
Source reference: para. 1–2Issues
1. Whether the Tribunal erred in assessing the deceased’s monthly income at Rs.10,380 rather than Rs.15,000
Source reference: para. 2, 52. Whether the compensation award warranted enhancement or other interference by the High Court
Source reference: para. 1, 6Law Applied
The Court applied the evidentiary principle that a claimed income must be supported by cogent and reliable evidence before it can be accepted in assessing compensation.
Source reference: no citationWhere the asserted earnings are not established, the applicable minimum-wage notification may provide a basis for determining income.
Source reference: no citationThe Court referred to the Labour Department’s minimum-wage notification, under which the prescribed wage for an unskilled labourer at the relevant time was Rs.10,380 per month.
Source reference: para. 5No statute or precedent was cited.
Source reference: no citationReasoning
The claimants asserted that the deceased was a mason earning Rs.15,000 per month, but produced no cogent and reliable evidence establishing either his occupation-based earnings or income above the minimum-wage figure.
Source reference: para. 5–6In the absence of such evidence, the Tribunal was entitled to rely on the relevant minimum wage of Rs.10,380 per month.
Source reference: para. 5–6The High Court found the Tribunal’s assessment and resulting award fair and proper, with no legal or factual infirmity warranting interference.
Source reference: para. 5–6Holding
The High Court held that there was no basis to reassess the deceased’s income at Rs.15,000 per month and no ground to enhance the compensation.
It dismissed the appeal and made no order as to costs.
Source reference: para. 7Original Court PDF
UTTARA KUMARIvsKULDEEP SINGH
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