Uncorroborated salary evidence did not preclude assessing the deceased’s income at the semi-skilled minimum-wage rate.

The claimants appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation for the death of Yashwant Kumar Yadav, aged 33, in a road accident on 5 January 2020.

The Claims Tribunal had awarded Rs. 18,25,480, assessing his monthly income at Rs. 7,800.

The claimants relied on a salary certificate and the testimony of its stated issuer to contend that his income was higher; alternatively, they sought assessment at the semi-skilled minimum-wage rate.

Whether the deceased’s monthly income should be assessed above the Rs. 7,800 determined by the Tribunal, including by reference to the claimed salary or the applicable semi-skilled minimum wage.

Whether reassessment of income required enhancement of the compensation awarded by the Tribunal.

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

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

The Court assessed income by reference to the semi-skilled minimum wage applicable on the accident date where the claimed salary was not adequately established by supporting evidence.

The salary certificate and its issuer’s testimony were not supported by documents establishing the employer’s status or the deceased’s employment and salary payments. The Court therefore declined to use the claimed income and instead adopted the applicable semi-skilled minimum wage of Rs. 9,250 per month.

Applying the cited compensation principles, it recalculated the award using 40% future prospects, a one-fourth deduction, a multiplier of 16, and conventional heads, arriving at total compensation of Rs. 21,17,800.

The claimants were awarded an additional Rs. 2,92,320, carrying interest at 6% per annum from the date of the claim application until realization; 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.