For a 2023 accident, a mason’s notional monthly income is fixed at ₹20,000.

Gurusamy died after a KPN bus struck him while he was standing at a bus stop on 14 July 2023.

The Motor Accident Claims Tribunal found the bus driver negligent and awarded ₹15,15,800, including ₹13,06,800 for loss of dependency, based on a notional monthly income of ₹12,000.

His dependants appealed, contending that the income was too low because he worked as a mason and seeking enhancement.

The insurer opposed the appeal, arguing that the income was properly assessed in the absence of proof.

Whether the Tribunal’s assessment of Gurusamy’s notional monthly income at ₹12,000 should be enhanced, having regard to his work as a mason and the absence of documentary proof of earnings.

Whether the compensation awarded by the Tribunal should be modified accordingly.

Under Section 173 of the Motor Vehicles Act, 1988, an aggrieved claimant may appeal against an award of the Claims Tribunal.

In assessing compensation for loss of dependency, Sarla Verma v. Delhi Transport Corporation, 2009 (2) TN MAC 1 (SC), governs the applicable multiplier and deduction for personal expenses; National Insurance Co. Ltd. v. Pranay Sethi, 2017 (2) TN MAC 609 (SC), governs the addition for future prospects.

The Court applied a 10% addition for future prospects, a one-fourth deduction for personal expenses, and a multiplier of 11.

The Court treated negligence as undisputed and identified the income assessment as the central grievance.

Although the claimants asserted earnings of ₹40,000 per month, they produced no independent evidence to substantiate that amount.

Nevertheless, considering the accident occurred in 2023 and that masonry was skilled work, the Court found the Tribunal’s ₹12,000 assessment too low and fixed monthly income at ₹20,000.

Applying the cited principles, it added 10% for future prospects, deducted one-fourth for personal expenses, and used a multiplier of 11, resulting in loss of dependency of ₹21,78,000.

It left the Tribunal’s awards under the conventional heads unchanged.

The total compensation was enhanced from ₹15,15,800 to ₹23,87,000, comprising ₹21,78,000 for loss of dependency and the confirmed amounts for funeral expenses, loss of estate, and loss of consortium.

The insurer was directed to deposit the enhanced compensation with interest at 7.5% per annum from the claim petition date until deposit, together with applicable costs and subject to credit for amounts already deposited, within eight weeks.

The Tribunal was directed to calculate and disburse the amount after adjustments; the claimants must pay any court fee due on the enhancement.