Reliable salary certificates supported by accountant testimony establish the deceased’s income for compensation assessment.

In brief

The question

1. Whether the deceased’s monthly income should be reassessed on the basis of the school salary certificates and related evidence

The court held

The Court partly allowed the appeal and enhanced the total compensation from ₹14,41,934 to ₹29,65,330.

It also directed

The appellants were awarded an additional ₹15,23,396, with interest at 6% per annum from the date the claim application was filed until realisation; the remaining terms of the Tribunal’s award were left unchanged.

The Registry was directed to communicate the enhanced amount to the claimants in Hindi.

01Facts

Mukesh Rathore died on 4 November 2022 from injuries sustained in a road accident on 16 October 2022, after 18 days of hospitalisation.

¶ 1–3

His dependants appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the Claims Tribunal’s award of ₹14,41,934.

¶ 1–3

They challenged the Tribunal’s assessment of his monthly income at ₹6,000 and sought additional amounts for conventional heads and expenses incurred during treatment.

¶ 1–3

The insurer opposed enhancement, disputing the salary evidence and maintaining that the award was just.

¶ 4

02Issues

i.1. Whether the deceased’s monthly income should be reassessed on the basis of the school salary certificates and related evidence

¶ 2, 4, 6

ii.2. Whether the compensation awarded for conventional heads, medical expenses, and treatment-related expenses should be enhanced

¶ 3, 8

03Law Applied

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

¶ 1

In assessing compensation, the Court relied on National Insurance Company Ltd. v. Pranay Sethi, Sarla Verma & Ors. v. Delhi Transport Corporation & Ors., and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors. for the applicable principles concerning future prospects, deductions, multipliers, and conventional heads of compensation.

¶ 9

Provisions in the judgment · 1 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173

04Reasoning

The Court accepted the salary certificates, Exhibits P/15 and P/19, as reliable evidence that the deceased was employed at a private school and earned ₹14,364 per month.

¶ 6

It found that the school accountant’s cross-examination disclosed no material warranting rejection of the certificates.

¶ 6

Applying a 25% addition for future prospects, a one-fourth deduction for personal expenses, and a multiplier of 14, the Court calculated the loss of dependency at ₹22,62,330; it did not disturb the Tribunal’s application of those factors.

¶ 7, 9

The Court also enhanced compensation under conventional heads to ₹2,53,000 and fixed ₹4,50,000 for medical expenses and treatment-related needs, including attendant charges, special diet, transportation, and pain and suffering.

¶ 8–9