Tribunal must assess income based on minimum wages and occupation-specific skill when direct proof is absent.

The appellants (claimants) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, following a fatal accident on May 4, 2010, involving the deceased, Dayabhai Mundhava.

The Motor Accident Claims Tribunal (Aux.), Gondal, awarded a sum of Rs. 6,53,300/- with 9% interest, assessing the deceased's monthly income at a notional value of Rs. 3,000/- despite claims that he earned Rs. 5,000/- as a rickshaw owner-driver.

The appellants sought enhancement of compensation, contending that the Tribunal erred in its income assessment and failing to apply current legal precedents regarding future prospects and conventional heads.

1. Whether the Tribunal erred in determining the monthly income of the deceased at Rs. 3,000/- in the absence of documentary proof, notwithstanding his status as a skilled transport operator.

2. Whether the claimants are entitled to enhanced compensation under the heads of "future prospects" and "conventional heads" (consortium, funeral expenses, and loss of estate) as per prevailing Supreme Court mandates.

The Court applied Section 173 of the Motor Vehicles Act, 1988.

It relied on National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680 to determine future prospects (25% for self-employed individuals aged 40-50) and standardized rates for conventional heads, including a 10% upward revision every three years.

The Court followed Sarla Verma v. Delhi Transport Corporation (2009) 6 SCC 121 for the multiplier (14 for age 45) and deduction for personal expenses (1/4th for 4 dependents).

The Court utilized the State Government’s minimum wage notifications for skilled workers to establish a realistic base income in the absence of direct documentary evidence.

The Court found the Tribunal’s assessment of Rs. 3,000/- per month to be overly restrictive. Although no direct pay slips were produced, the R.C. Book (Exh. 35) confirmed the deceased owned a transport rickshaw.

Referencing the prevalent minimum wage for skilled workers (Rs. 4,210/-) and the deceased's dual role as driver and owner, the Court performed "guesswork" to fix the income at Rs. 5,000/-.

Applying Pranay Sethi, the Court added 25% for future prospects, resulting in a monthly income of Rs. 6,250/-. After a 1/4th deduction for personal expenses and applying a multiplier of 14, dependency loss was recalculated to Rs. 7,87,584/-.

The Court further corrected the conventional awards by granting Rs. 48,400/- for consortium to each of the four claimants and Rs. 18,150/- each for funeral expenses and loss of estate.

The respondent Insurance Company was directed to deposit the enhanced amount of Rs. 3,64,184/- with 9% interest from the date of the claim petition within six weeks.