Minimum wages must be adopted for notional income assessment in motor accident claims lacking documented earnings.

The appellants are the legal heirs of Panchabhai Ukabhai Makwana, who died in a motor accident on October 31, 2021, when his motorcycle was struck by a speeding truck

The Motor Accident Claims Tribunal (MACT), Gir Somnath, awarded compensation of ₹16,33,752/- with 9% interest, after holding the deceased 10% accessorily liable for contributory negligence

The claimants appealed to the High Court seeking a set-aside of the contributory negligence finding and an enhancement of the compensation quantum, arguing the Tribunal undervalued the monthly income and consortium

Whether the Tribunal erred in attributing 10% contributory negligence to the deceased motorcyclist

Whether the notional monthly income and the compensation under the heads of consortium and conventional heads require upward revision

The court applied Section 173 of the Motor Vehicles Act, 1988 regarding appeals

Regarding negligence, it relied on *Bimla Devi v. HRTC* and *Parmeshwari Devi v. Amir Chand* to assess the standard of proof

For quantum assessment, it applied *Govind Yadav v. National Insurance Co. Ltd.* (minimum wages in absence of income proof)

*Sarla Verma v. Delhi Transport Corporation* (multiplier and deductions)

*National Insurance Co. Ltd. v. Pranay Sethi* (future prospects and conventional heads)

*Magma General Insurance Co. Ltd. v. Nanu Ram* read with *Janabai v. ICICI Lombard* (spousal, parental, and filial consortium for all dependents)

The Court upheld the 10% contributory negligence, noting the spot panchnama (Exh. 34) proved the deceased entered the highway from a service road without due care, violating Road Regulations

Regarding quantum, the Court found the Tribunal's assessment of ₹7,000/- monthly income too low.

Based on 2021 minimum wages for agricultural work, it increased the income to ₹9,050/-

Applying a 40% future prospect hike, 1/5th deduction for personal expenses, and a multiplier of 16, the loss of dependency was recalculated to ₹19,46,112/-

Furthermore, the Court corrected the consortium award; instead of a lump sum, it granted ₹48,400 per dependent for all seven claimants, totaling ₹3,38,800/-, and adjusted conventional heads (estate and funeral) for inflation

It modified the award, increasing the net compensation from ₹16,33,752/- to ₹20,89,091/- (after deducting 10% for contributory negligence)

The Respondent No. 3 (Insurance Company) was directed to deposit the additional amount of ₹4,55,339/- with proportionate costs and interest within four weeks

The Tribunal was instructed to realize deficit court fees on the enhanced amount before disbursement