For a 2017 fatal accident, notional income of ₹11,000 monthly and 40% future prospects were appropriate for a 27-year-old.

On 11 December 2017, the deceased, aged 27, died when the motorcycle on which he was travelling was hit by a lorry.

His dependants filed a claim before the Motor Accident Claims Tribunal, Mysuru.

The Tribunal awarded ₹17,39,500 with interest at 6% per annum.

The claimants appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

They contended that the deceased’s notional monthly income should have been assessed at ₹11,000 and that the Tribunal had not properly assessed compensation under conventional heads.

1. Whether the Tribunal’s assessment of the deceased’s notional income and resulting loss of dependency required enhancement.

2. Whether the claimants were entitled to enhanced compensation under the conventional head of loss of consortium.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

In assessing loss of dependency, the Court applied the relevant notional-income chart for the accident year, added 40% for future prospects for a deceased aged 27, deducted one-fourth of income for personal expenses where there were five dependants, and applied a multiplier of 17.

For loss of consortium, the Court assessed ₹48,400 for each of the five claimants.

No judicial precedents were cited.

The Court found that the Tribunal’s notional monthly income assessment of ₹9,800 was low for a 2017 accident and substituted ₹11,000.

Applying 40% for future prospects, deducting one-fourth for personal expenses, and using a multiplier of 17, the Court recalculated loss of dependency as ₹23,56,200.

It also increased loss of consortium from ₹2,00,000 to ₹2,42,000, allowing ₹48,400 for each of the five dependants; the awards for loss of estate and transportation and funeral expenses remained unchanged.

The total compensation was enhanced from ₹17,39,500 to ₹26,38,200, making the enhancement ₹8,98,700.

The enhanced amount is payable with interest at 6% per annum from the date of the appeal until realization, and the second respondent insurer was directed to deposit it within eight weeks of receiving the certified judgment.

The Tribunal was directed to release the entire amount to the claimants upon proper identification.