Minimum wage matrix applicable for compensation in absence of income proof for unskilled labour.

The appellants, comprising the widow, minor daughter, and father of the deceased Santosh Singh, filed an appeal for enhancement of compensation against an award dated April 29, 2023, by the II Additional Motor Accident Claims Tribunal, Manendragarh, C.G., which granted ₹12,54,723/- with 6% interest for the death of Santosh Sahu

On November 21, 2018, the deceased Santosh Singh was struck by a tractor (CG-16-E-1530) while returning home, sustaining a fracture to his right knee

He received primary treatment at District Hospital, Baikunthpur (Nov 21-25, 2018), and then more extensive treatment at Life Care Hospital, Bilaspur, where he underwent two operations (Nov 25-Dec 13, 2018, and May 3-17, 2019)

Despite treatment, his condition did not improve, and he died on July 11, 2019, after being readmitted on July 4, 2019

The claimants filed a petition under Section 166 of the Motor Vehicles Act, claiming ₹49,12,000/-, stating the deceased was a 30-year-old mason and farmer earning ₹20,000/- per month

The Tribunal, in the absence of income proof, assessed his income at ₹4,500/- per month and did not award loss of consortium to the deceased's father

1. Whether the learned Tribunal erred in assessing the deceased's income at ₹4,500/- per month, which was on the lower side, in the absence of documentary proof of income

2. Whether the learned Tribunal erred in failing to grant compensation for loss of consortium to the father of the deceased

The Court applied the principles governing compensation under the Motor Vehicles Act, 1988, for death in motor vehicle accidents.

Specifically, it considered the assessment of income for accident victims when no proof of income is provided, referencing the application of minimum wage matrix

Furthermore, the court considered the entitlement to compensation for loss of consortium, including claims by the parents of the deceased

The Court found that the Tribunal's assessment of the deceased's income at ₹4,500/- per month was too low given the absence of proof of income

The Court held that in such circumstances, the minimum wage matrix applicable at the time of the accident should have been applied

In November 2018, the minimum wage for an unskilled laborer was ₹8,140/- per month

By applying this corrected income, the annual income was reassessed from ₹54,000/- to ₹97,680/-

Applying a multiplier of 17 (based on the deceased's age of 30 years) and including 40% for future prospects, the loss of dependency component was revised upwards

Furthermore, the Court determined that the Tribunal had failed to grant proper compensation for loss of consortium to all entitled claimants, specifically the father of the deceased

The compensation for loss of consortium was thus enhanced to include the father

The Court held that the claimants are entitled to an additional sum of ₹7,41,056/- over and above the Tribunal's award

The insurance company was directed to pay the enhanced compensation of ₹7,41,056/- with interest at 6% per annum to the appellants/claimants within 60 days

All other terms and conditions of the original award remained intact