Unsubstantiated employment evidence permits assessment of a deceased’s income by applicable minimum wages.

The appellants, the deceased’s mother, father and minor sister, sought enhancement of compensation for the death of 18-year-old Vinay Kumar Banjare in a road accident on 30 September 2023.

The Motor Accident Claims Tribunal awarded Rs. 14,92,800.

In appeal under Section 173 of the Motor Vehicles Act, the claimants argued that the Tribunal had undervalued the deceased’s income and awarded too little under conventional heads.

They relied on a certificate stating that he earned Rs. 700 per day as a cook and on testimony from the dhaba owner.

1. Whether the Tribunal’s assessment of the deceased’s income should be enhanced in light of the income certificate and the dhaba owner’s testimony

2. Whether the compensation under conventional heads should be enhanced

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

In assessing fatal-accident compensation, the Court relied on National Insurance Co. 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 principles governing future prospects, deduction for personal expenses, multiplier, and conventional heads.

The Court assessed income by reference to the applicable Chhattisgarh minimum-wage notification where the claimed employment and earnings were not adequately proved.

The Court found the claimed income of Rs. 700 per day was not established: the dhaba owner produced no licence, business or wage records, and the certificate was neither on the stated letterhead nor supported by a registration number.

The owner also said the certificate had been issued at the deceased’s mother’s request.

The Court therefore assessed monthly income at Rs. 9,960 under the applicable minimum-wage notification.

Applying 40% for future prospects, a 50% deduction for personal expenses, and a multiplier of 18, it calculated loss of dependency at Rs. 15,05,952.

It also increased compensation under conventional heads from Rs. 1,32,000 to Rs. 1,80,000.

Total compensation was enhanced from Rs. 14,92,800 to Rs. 16,85,952, leaving an additional award of Rs. 1,93,152, with interest at 6% per annum from the date the claim application was filed until realization.

The minor sister was held entitled to Rs. 48,000 out of the total award; the remaining terms of the Tribunal’s award were left unchanged.