Paramedical education justified assessing the deceased’s income above the applicable notional rate.

The claimants appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded for the death of Shirisha in a road accident on 29 November 2024.

The Tribunal assessed compensation at ₹28,23,100, including ₹24,94,800 for loss of dependency and ₹50,000 for loss of love and affection, and awarded interest at 6% per annum.

The claimants sought enhancement, contending that the deceased’s income should be assessed higher than the notional income adopted by the Tribunal.

Whether the deceased’s income should be reassessed, warranting enhancement of compensation for loss of dependency.

Whether the award of compensation under conventional heads, including both consortium and loss of love and affection, should be modified.

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Claims Tribunal.

In assessing dependency compensation, the Court applied the multiplier method, taking account of income, future prospects, personal expenses and the appropriate multiplier; it used 40% for future prospects, deducted 50% for personal expenses and applied multiplier 18 in this case.

The Court further held that where consortium is awarded, a separate award for loss of love and affection is not warranted, while loss of estate and funeral expenses remain separately compensable.

The deceased was 23 years old and had completed a paramedical course. Although the Tribunal used the notional income of ₹17,000 per month for 2024, the Court considered the deceased’s educational qualification sufficient to assess monthly income at ₹18,000.

Applying the 40% addition for future prospects, the 50% deduction for personal expenses and multiplier 18, the Court calculated loss of dependency at ₹27,21,600.

It upheld consortium of ₹48,400 for each of the five claimants, but removed the separate ₹50,000 award for loss of love and affection because consortium had been granted; it also upheld the awards for loss of estate and funeral expenses.

The Court increased total compensation to ₹29,99,900, entitling the claimants to an enhancement of ₹1,76,800 over the Tribunal’s award, with interest at 6% per annum from the date of the petition until realisation.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the enhanced compensation was ordered to be released to the claimants in the ratio of 50:20:10:10:10.