The court confirmed that in compensation claims for unskilled labor, minimum wages should be utilized for calculating income when proof is absent, emphasizing methodical assessment of claimants' dependency.

JUDGMENT :

RAMESH CHAND MALVIYA, J.

Heard the learned counsel for the appellant as well as the learned counsel for the respondents.

2. Miscellaneous Appeal No. 712 of 2018 has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act”) on behalf of the appellants/Insurance Company against the judgment and award dated 28.02.2017 and 07.06.2017 passed by the learned District Judge-cum-Motor Vehicle Accident Claim Tribunal, Madhepura (hereinafter referred to as “Learned Tribunal”) in M.V. Claim Case No. 35 of 2011 (CIS No. 532 of 2013) wherein learned Tribunal allowed the claim application and awarded Rs. 18,83,000/- as compensation along with 9% per annum as an interest from the date of filing of the claim case till realization of the compensation amount after adjusting the amount, if already paid to the applicants as interim compensation under Section 140 of the Act.

3. The learned Tribunal held that the appellants are entitled to receive Rs. 18,83,000/- as compensation and accordingly the Reliance General Insurance Company limited / respondent no. 2 has been directed to make payment of the compensation amount as per the order forthwith, along with simple interest 9% interest per annum from the date of filling of the case.

4. The details of the calculation of compensation amount made by the learned Tribunal are as under:

5. The brief facts of the case as per the claimants are that the deceased, Shaini Sah, was employed as a handyman (khalasi) under the Opposite Party No. 1. On 13.07.2011, while discharging his duties, he was accompanying a vehicle transporting EFSW pipes from Shivsagar to Duliaganj (Assam) via National Highway No. 37. During transit, the loaded pipes became loose and struck the driver’s cabin with considerable force, resulting in the instantaneous death of both the driver, Raj Kishore Sah @ Kumar, and the handyman, Shaini Sah, near Tiloi, close to Kali Mandir (Assam). Further, the incident was reported and registered on dated 13.07.2011 bearing Moran P.S. Case No. 318 of 2011. The postmortem of the deceased was conducted at Assam Medical College, Dibrugarh, by an Assistant Professor from the Department of Forensic Medicine. The dead body was subsequently handed over to the family members. The Motor Vehicle Inspector (MVI) from the District Transport Office, Dibrugarh, conducted an inspection on the same day and confirmed the occurrence of the accident in his report dated 13.07.2011. Additionally, the Forensic Department issued a certificate following the postmortem, and the Officer- in-Charge of Moran Police Station prepared an Accident Information Report, which recorded the particulars of the accident, vehicle involved, and identification details of the deceased.

6. Claimant No.1 (mother), Claimant No.2 (wife), Claimant No.3 and 4 (minor daughter of deceased) through their mother, and Claimant No. 5 (Father) have filed petition bearing M.V. Claim Case No. 35 of 2011 before Motor Vehicle Accident Claim Tribunal, Madhepura claiming that the accident took place due to rash and