Enhancement of motor accident compensation by adopting minimum wages for notional income assessment and awarding filial consortium.

The Appellant, mother of the deceased (Shubham Kumar Soni, aged 27), filed a claim under Section 166 of the Motor Vehicles Act following a fatal accident on March 7, 2023.

The deceased was struck by a rashly driven trailer while riding his motorbike.

The Motor Accident Claims Tribunal (MACT), Surajpur, awarded a total compensation of ₹10,35,600/- with 6% interest, assessing the deceased's notional income at ₹7,000/- per month despite the claimant's plea of ₹15,000/- per month.

Dissatisfied with the quantum, the claimant appealed for enhancement, arguing that the income assessment should have followed the minimum wage for March 2023 (₹9,700/-) and included loss of consortium.

Whether the Claims Tribunal erred in assessing the notional income of the deceased at ₹7,000/- per month instead of following the minimum wage schedule.

Whether the claimant is entitled to enhancement of compensation under heads such as future prospects and loss of consortium.

The Court applied Section 173 of the Motor Vehicles Act regarding appeals and the "just compensation" principle under Section 166.

It relied on the formulaic standards established in *National Insurance Company Ltd. v. Pranay Sethi (2017)* for future prospects (40% for deceased under 40 years) and funeral/estate expenses.

It applied *Sarla Verma v. Delhi Transport Corporation (2009)* for the multiplier (17 for age 27) and 50% deduction for personal expenses of a bachelor.

Finally, it applied *Magma General Insurance Co. Ltd. v. Nanu Ram (2018)* to award "filial consortium" to the mother.

The High Court found that while the claimant failed to prove a monthly income of ₹15,000/-, the Tribunal's assessment of ₹7,000/- was improperly low.

The Court reasoned that the Tribunal should have utilized the minimum wage matrix for an unskilled laborer as of March 2023, which was ₹9,700/- per month.

By recalculating the base income at ₹9,700/-, the Court performed a de novo computation: applying a 50% deduction for a bachelor, adding 40% for future prospects, and using a multiplier of 17.

Additionally, the Court addressed the Tribunal’s omission of "loss of consortium," awarding ₹44,000/- in line with the *Magma General* precedent.

The Court enhanced the total compensation from ₹10,35,600/- to ₹14,65,160/-, granting an additional amount of ₹4,29,560/-.

The Insurance Company was directed to deposit the enhanced amount within three months at an interest rate of 6% per annum from the date of the claim application.