Notional income may be enhanced based on occupation and accident date despite lack of documentary proof.

The appellants, the deceased’s wife, two minor children and parents, sought enhancement of compensation for his death in a road accident on 1 May 2024.

The Tribunal found the lorry driver negligent and held the insurer liable. It assessed the deceased’s monthly income at ₹18,000 in the absence of documentary proof, applied 40% future prospects, deducted one-fourth towards personal expenses and used a multiplier of 16. It awarded ₹38,81,800 in total.

The claimants appealed, contending that the deceased worked as a Refrigeration Engineer and earned ₹30,000 per month.

1. Whether the Tribunal’s assessment of the deceased’s monthly income at ₹18,000 warranted enhancement, given his occupation and the date of the accident.

2. Whether the compensation awarded by the Tribunal required modification as a result of any revised assessment of income.

Under Section 173 of the Motor Vehicles Act, 1988, an aggrieved party may appeal against a Claims Tribunal award.

In calculating loss of dependency, the Court applied the principles in National Insurance Company Limited v. Pranay Sethi, adding 40% towards future prospects, and Sarla Verma v. Delhi Transport Corporation, applying a one-fourth deduction for personal expenses and a multiplier of 16 in this case.

Compensation under other heads may be maintained where the Tribunal’s award is just and proper.

The Court accepted the Tribunal’s finding that the deceased was 35 years old and noted that the claimants had not proved the asserted monthly income of ₹30,000.

However, considering that the accident occurred in May 2024 and that the deceased was working as a Refrigeration Engineer, it increased the monthly income from ₹18,000 to ₹19,000.

Applying the 40% future-prospects addition, one-fourth personal-expense deduction and multiplier of 16, the Court recalculated loss of dependency at ₹38,30,400.

It found no reason to interfere with the amounts awarded for consortium, loss of estate and funeral expenses.

The total compensation was enhanced from ₹38,81,800 to ₹40,83,400, with interest at 7.5% per annum from the date of filing the claim petition until deposit.

The insurer was directed to deposit the award, less any amount already deposited, within six weeks; disbursement was to follow the Tribunal’s directions, and there was no order as to costs.