Minimum wages for unskilled labor must guide assessment of notional income in motor accident claims.

On March 25, 2018, Ashish Masih was riding a motorcycle when he was struck by a dumper (CG-07-DH-4579) driven rashly and negligently by Respondent No. 1

The deceased succumbed to his injuries on November 28, 2018

The appellants (parents of the deceased) filed a claim under Section 173 of the Motor Vehicles Act, 1988.

The Twelfth Motor Accident Claims Tribunal (MACT), Raipur, awarded Rs. 12,90,319/- with 7% interest, assessing the deceased’s notional income at Rs. 7,800/- per month

The appellants challenged this award, seeking enhancement based on current minimum wage standards and proper consortium

1. Whether the Tribunal erred in assessing the notional income of the deceased at Rs. 7,800/- per month instead of the prevailing minimum wage

2. Whether the claimants are entitled to a higher compensation for loss of consortium based on the number of dependents

The Court applied the provisions of the Motor Vehicles Act, 1988, regarding just compensation.

It relied on the minimum wage matrix applicable in the State of Chhattisgarh for unskilled laborers as of March 2018

Furthermore, the Court applied the precedent set by the Hon’ble Supreme Court in *Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors. (2008) 18 SCC 130*, which establishes that parents are entitled to separate compensation for loss of consortium

The High Court observed that since the claimants provided no documentary evidence of the deceased's monthly income, the Tribunal's assessment of Rs. 7,800/- was incorrect as it fell below the statutory minimum wage for an unskilled laborer in March 2018, which was Rs. 8,450/-

Consequently, the Court re-calculated the annual income and added 40% for future prospects

Regarding consortium, the Court found the Tribunal's award of Rs. 44,000/- insufficient.

Following the *Magma General* principle, the Court held that both parents (two claimants) are entitled to Rs. 40,000/- each, plus a 20% enhancement

Other heads, including medical bills, funeral expenses, and attendant charges, were found to be just and were maintained

The total compensation was enhanced from Rs. 12,90,319/- to Rs. 14,35,139/-, resulting in an additional amount of Rs. 1,44,820/-

The Insurance Company (Respondent No. 3) was directed to pay the additional sum within 60 days, while all other terms of the original award remained intact