Without income proof, courts must assess earnings using prevailing minimum wages for skilled workers.

The claimant sought compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries sustained when his motorcycle collided with an ST bus on 23 October 2020.

The Tribunal awarded ₹6,95,810 with 7.5% interest, attributing 30% contributory negligence to the claimant.

The claimant appealed, challenging that finding and seeking higher assessment of income, future-loss compensation and pain and suffering

The judgment’s later discussion refers to the accident as occurring in 2010, although its account of the claim states 2020

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal from an award of the Claims Tribunal, while Section 166 provides the basis for a claim for compensation arising from a motor accident.

Relying on Hitesh Nagibhai Patel v. Bababhai Nagjibhai Rabari, 2025 INSC 1070, the Court stated that, absent proof of income, the minimum wages for a skilled worker prevailing at the time of the accident should be considered.

It also relied on National Insurance Company Limited v. Pranay Sethi, (2017) 16 SCC 680, for the applicable multiplier and future-prospects assessment.

The Court upheld the 30% contributory-negligence finding because the claimant admitted riding at excessive speed, lacking a valid licence and not wearing a helmet, and because the bus driver’s account was not materially challenged in cross-examination.

It found no basis to disturb the Tribunal’s allocation of 70% negligence to the bus driver and 30% to the claimant.

On quantum, it held that the Tribunal should have assessed income by reference to skilled-worker minimum wages, applied the relevant future-prospects and multiplier principles, and increased the award for pain, shock and suffering from ₹10,000 to ₹25,000.

The judgment’s recalculation table contains apparent inconsistencies in the income figure and arithmetic; the operative additional-compensation amount is stated in the final order.

The Court maintained the 30% contributory-negligence finding and directed the opponent to pay an additional ₹3,42,820, with 7.5% simple interest from the date of filing the claim petition until realization, within eight weeks.

The Tribunal was directed to disburse the amount to the claimant after deposit and verification.