Mother’s Appeal Raises Compensation For Pharmacy Student Son’s Death To Rs 29.59 Lakh, With Madras HC Fixing His Monthly Income At Rs 19,000

The appellant, the deceased’s mother, sought compensation for the death of her 22-year-old son, Umashankar, in a road accident on 22 June 2022.

The Tribunal found that the accident resulted from the offending vehicle driver’s negligence and awarded ₹25,06,200, including dependency compensation calculated using a monthly notional income of ₹16,000.

The mother appealed under Section 173 of the Motor Vehicles Act, 1988, contending that the deceased’s income should have been assessed at a higher amount, having regard to his age and Diploma in Pharmacy studies.

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal under Section 173.

In assessing dependency compensation, the Court applied the deceased’s notional monthly income, added 40% for future prospects, deducted 50% for the personal and living expenses of a bachelor, and applied the multiplier of 18.

The judgment cites no precedent for these principles.

The Court accepted that the deceased was 22 years old and was studying Diploma in Pharmacy at a private college.

It considered the Tribunal’s ₹16,000 monthly income assessment inadequate in those circumstances and fixed notional income at ₹19,000 per month.

Applying 40% future prospects, a 50% deduction for personal expenses, and multiplier 18, the Court recalculated loss of dependency at ₹28,72,800.

It found the Tribunal’s awards under the remaining heads reasonable and left them undisturbed.

The insurer was directed to deposit the enhanced amount, less any amount already deposited, within six weeks; the Tribunal’s apportionment and disbursement arrangements were otherwise maintained.