Minimum wages must be considered for income assessment in motor accident claims absent documentary evidence.

On June 17, 2022, Shirajbhai Shantubhai Khachar died after his motorcycle was struck from behind by a Bolero Pick-up driven in a rash and negligent manner.

The legal heirs (Claimants) filed a petition seeking ₹25,00,000 in compensation.

The Motor Accident Claims Tribunal (MACT), Surendranagar, awarded ₹10,52,000 with 9% interest.

The Claimants appealed to the High Court solely on the ground of quantum, arguing that the deceased's income was undervalued and consortium was not awarded.

Whether the Tribunal erred in assessing the monthly income of the deceased at ₹7,500 in the absence of documentary proof, given the prevalent minimum wages in 2022.

Whether the Claimants are entitled to compensation under the head of loss of consortium as per prevailing legal precedents.

The court applied the principles from *Govind Yadav v. National Insurance Co. Ltd.*, which mandates using prevalent minimum wages if no proof of income is available.

It followed *National Insurance Co. Ltd. v. Pranay Sethi* regarding 25% future prospects and conventional heads.

The court applied *Sarla Verma v. Delhi Transport Corporation* for the 1/3rd deduction for personal expenses and a multiplier of 13 based on the deceased's age of 50.

Regarding consortium, it relied on *Magma General Insurance Co. Ltd. v. Nanu Ram* and *Janabai v. M/s ICICI Lombard*, which establish the right to spousal and parental consortium.

The Court found the Tribunal’s income assessment of ₹7,500 inadequate.

Given the 2022 accident date, it reassessed the income based on minimum wages at ₹9,050 per month.

Applying a 25% addition for future prospects (totaling ₹11,312) and deducting 1/3rd for personal expenses (leaving ₹7,542), the Court used a multiplier of 13 to calculate loss of dependency at ₹11,76,552.

The Court further determined that the Tribunal failed to award consortium; consequently, it granted ₹48,400 for spousal consortium and ₹48,400 each for two sons as parental consortium.

Conventional heads for estate and funeral expenses were adjusted to ₹18,150 each to reflect current standards.

The court held that the Claimants are entitled to an additional amount of ₹3,05,052 with proportionate costs and interest at 9% p.a.

Respondent No. 3 (Insurance Company) was directed to deposit the enhanced amount within four weeks, and the Tribunal was instructed to deduct any deficit court fees before disbursement.