Notional income fixed at ₹10,000 monthly despite absent proof for a 2020 fatal accident.

The claimants—the deceased’s wife, son and daughter—sought compensation under Section 166 of the Motor Vehicles Act, 1988, for his death in a road accident on 16 October 2020.

The Tribunal found the offending vehicle’s driver solely negligent and awarded ₹4,72,028, assessing the deceased’s monthly income at ₹7,000 and applying a multiplier of 7 after deducting one-third for personal expenses.

The claimants appealed under Section 173, contending that the deceased’s income as a security guard was understated and that compensation should be awarded for the children’s loss of love and affection.

1. Whether the Tribunal’s assessment of the deceased’s monthly income at ₹7,000 should be enhanced in the absence of documentary proof of income.

2. Whether the second and third claimants were entitled to compensation for loss of love and affection.

Sections 166 and 173 of the Motor Vehicles Act, 1988, respectively provide for a claim for compensation arising from a motor-vehicle accident and an appeal against an award of the Claims Tribunal.

In assessing compensation, the Court considered the evidence of income, the deceased’s age, and the appropriate deduction for personal expenses and multiplier in calculating loss of dependency.

The judgment refers generally to the ratio laid down by the Supreme Court but identifies no specific precedent.

The deceased’s identity card did not, without supporting evidence, establish the claimed monthly income of ₹15,000.

Nevertheless, given the accident’s occurrence in 2020 and the deceased’s age of 65, the Court considered ₹7,000 inadequate and fixed notional monthly income at ₹10,000.

Applying a one-third deduction and multiplier of 7, it recalculated loss of dependency at ₹5,60,000.

As the Tribunal had awarded nothing for the children’s loss of love and affection, the Court awarded ₹40,000 to each of them; it left the other heads undisturbed.

The Insurance Company was directed to deposit the enhanced award, interest and costs, less any amount already deposited, within six weeks; the claimants may withdraw their apportioned shares subject to adjustment for sums already withdrawn.