Widow, 3 Children And Parents Awarded ₹3.61 Lakh More As Chhattisgarh HC Revises Crash Victim’s Monthly Income To ₹9,280

Sanjay Yadav died in a road accident on 17 October 2021.

His dependants appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the Claims Tribunal’s award of ₹19,23,760.

They challenged the assessment of his monthly income at ₹7,800 instead of ₹9,280 under the applicable Chhattisgarh minimum-wages notification, and the amount awarded under the conventional heads.

The respondents opposed enhancement.

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

In assessing compensation, the Court relied on National Insurance Company Ltd. v. Pranay Sethi, which sets out principles concerning future prospects and conventional heads; Sarla Verma & Ors. v. Delhi Transport Corporation & Ors., concerning deductions for personal expenses and the selection of the multiplier; and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors., concerning consortium.

The Court applied the applicable minimum-wages notification to assess the deceased’s income.

The Court found the Tribunal’s monthly-income assessment of ₹7,800 inconsistent with the applicable minimum-wages notification and substituted ₹9,280.

It upheld the Tribunal’s addition of 40% for future prospects, one-fourth deduction for personal expenses, and multiplier of 17, having regard to the deceased’s age and the number of claimants.

It also increased the conventional-heads award from ₹2,53,000 to ₹2,97,000, reflecting consortium for six claimants rather than five.

The appellants were awarded an additional ₹3,61,016, with interest at 6% per annum from the date of filing the claim application until realization.

The remaining terms of the Tribunal’s award were left unchanged, and the Registry was directed to communicate the enhanced amount to the claimants in Hindi.