Family Of Worker Killed In Crash Awarded ₹32.89 Lakh As Madras HC Fixes His Monthly Income At ₹17,000

The appeals arose from a common award dated 28 March 2025 in two claims under Section 166 of the Motor Vehicles Act, 1988. The claims concerned a road accident on 24 January 2023: the deceased, Krishnamoorthy, was driving a scooter with Akash as pillion passenger when a mini-bus, driven on the wrong side, collided with them. Akash sustained injuries, and Krishnamoorthy died at the scene; the Tribunal attributed the accident to the bus driver’s rash and negligent driving.

The Tribunal awarded Akash Rs. 4,45,047, finding no permanent disability, and awarded the deceased’s dependants Rs. 22,23,288, assessing his monthly income at Rs. 11,050. The claimants appealed seeking enhancement.

The claims were governed by Sections 166 and 173 of the Motor Vehicles Act, 1988, concerning applications for compensation and appeals from awards of the Claims Tribunal.

In assessing fatal-accident compensation, the Court applied National Insurance Co. Ltd. v. Pranay Sethi, adding 40% to the deceased’s income for future prospects, and used the multiplier of 16 for his age and a one-third deduction for personal and living expenses.

The Court assessed compensation by reference to the evidence of income, the nature and consequences of the injuries, and the relevant heads of pecuniary and non-pecuniary loss.

For Akash, the Court accepted the employer’s evidence that he earned Rs. 425 per day for up to 26 days per month, fixing monthly income at Rs. 11,050; it found the bank statement insufficient to establish additional sources of income. However, the discharge summary recorded multiple fractures and head injuries, surgery, and 11 days of inpatient treatment. In light of those injuries, the Court increased the loss-of-income period from two to six months and enhanced transportation and extra-nourishment expenses.

For the fatal claim, the Court considered Rs. 11,050 per month inadequate given the deceased’s age, occupation, cost of living, and dependants, and assessed monthly income at Rs. 17,000. Applying the future-prospects addition, multiplier, and deduction for personal expenses, it recalculated loss of dependency at Rs. 30,46,400; the other heads awarded by the Tribunal were left unchanged.

The insurer was directed to deposit the amounts, less sums already deposited, within six weeks; withdrawal was subject to the Tribunal’s orders and payment of court fee on the enhanced compensation. No interest was payable on the enhanced compensation for the default period.