For 2019 accidents, courts must apply the KSLSA’s ₹14,000 monthly notional-income chart absent proof of income.

The deceased, aged 20, died from injuries sustained when his motorcycle collided with a car.

His parents and adult unemployed brother sought compensation under Section 166 of the Motor Vehicles Act, 1988.

The Tribunal found the car driver negligent, assessed monthly income at ₹11,000, and awarded total compensation of ₹17,33,200, directing the insurer to pay and recover from the vehicle owner because the driver lacked a valid licence.

The claimants appealed, seeking enhancement; negligence and the pay-and-recover direction were not contested in the appeal.

1. Whether the compensation awarded by the Tribunal was just and reasonable or required enhancement

2. Whether the assessment of income and compensation under dependency and conventional heads should be revised

Under Sections 166 and 173(1) of the Motor Vehicles Act, 1988, a claim tribunal may award just compensation and an appellate court may review that award.

In the absence of documentary proof of income, the Court applied the Karnataka State Legal Services Authority’s 2019 notional-income chart, fixing monthly income at ₹14,000.

Applying National Insurance Co. Ltd. v. Pranay Sethi, future prospects for a self-employed person under 40 were assessed at 40%, and conventional heads were enhanced by 10%.

Under Sarla Verma v. Delhi Transport Corporation and Pranay Sethi, 50% of a bachelor’s income is deducted for personal expenses, and the multiplier corresponding to age 20 is 18.

Relying on Nanu Ram and New India Assurance Co. Ltd. v. Somwati, the Court awarded consortium to each of the three dependants.

The Court found the Tribunal’s monthly income assessment below the applicable 2019 KSLSA chart and substituted ₹14,000.

It added 40% for future prospects, deducted 50% because the deceased was a bachelor, and applied multiplier 18, producing loss of dependency of ₹21,16,800.

It awarded ₹44,000 consortium to each of the three dependants and ₹16,500 each for funeral expenses and loss of estate.

The reassessed total was ₹22,81,800, an enhancement of ₹5,48,600.

The Court left the negligence finding and pay-and-recover direction undisturbed.

The total award was enhanced from ₹17,33,200 to ₹22,81,800.

The enhanced amount of ₹5,48,600 carries interest at 6% per annum from the date of the claim petition until realization, and the insurer was directed to deposit it within eight weeks, with the pay-and-recover direction maintained.

Apportionment and disbursement are to follow the Tribunal’s order.