Income certificate from charitable trust constitutes valid evidence for reassessing monthly income and enhancing dependency compensation.

On February 11, 2018, the deceased, Punabhai Bhikhabhai Rathod, was riding his motorcycle when the driver of a Tata ACE (bearing registration No. GJ-03-AW-6515) drove at excessive speed and suddenly applied brakes, causing the deceased to collide with the rear of the vehicle.

The deceased succumbed to his injuries on February 15, 2018, after four days of hospitalization.

The Motor Accident Claims Tribunal (MACT), Gondal, partly allowed the claim in MACP No. 73 of 2018, awarding Rs. 15,37,000/- with 9% interest.

The appellants challenged this award on the grounds of quantum, specifically arguing that the Tribunal undervalued the deceased’s income and omitted compensation for pain, shock, and suffering.

1. Whether the learned Tribunal erred in assessing the monthly income of the deceased at Rs. 10,000/- despite documentary evidence showing higher earnings.

2. Whether the claimants are entitled to enhanced compensation under conventional heads and for pain, shock, and suffering.

The Court applied the principles for calculating just compensation under Section 166 of the Motor Vehicles Act, 1988.

National Insurance Company Ltd. v. Pranay Sethi and Ors. (2017) regarding the standardisation of future prospects (25% for age 40-50), deduction for personal expenses (1/3rd for 3 dependents), and the revision of conventional heads.

Magma General Insurance Company Limited v. Nanu Ram @ Chuhru Ram (2018) to grant parental and filial consortium at the rate of Rs. 40,000/- plus 10% (Rs. 48,400/- per claimant).

The Court found that the Tribunal committed a "grave error" by ignoring Exhibit-53, a salary certificate from a Charitable Trust proving the deceased earned Rs. 15,000/- per month as a cowshed caretaker.

Consequently, the Court reassessed the monthly income from Rs. 10,000/- to Rs. 15,000/-.

Following Pranay Sethi, the Court added 25% for future prospects and applied a multiplier of 13 based on the deceased's age (47 years).

The Court also noted that while the deceased survived for four days post-accident, the Tribunal failed to award anything for "pain, shock, and suffering," and thus granted Rs. 15,000/- under this head.

Conventional heads (Loss of Estate and Funeral Expenses) were adjusted to Rs. 18,150/- each, and consortium was granted to all three legal representatives totaling Rs. 1,45,200/-.

The Court ordered the respondent No. 2 (Insurance Company) to deposit the additional amount of Rs. 6,66,500/- with 9% interest per annum within six weeks.

The Insurance Company was granted the liberty to recover the said amount from the owner (respondent No. 1) via an execution petition, maintaining the "pay and recover" direction.