The court determined that actual income of the deceased as a driver should be considered for compensation, overriding minimum wage assumptions, and affirmed the entitlement of all dependents to loss of consortium.

Judgment :

1. The present misc. appeal has been filed by the appellants- claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 17.05.2018 passed by the Motor Accident Claims Tribunal First, Jodhpur in MAC Case No.296/2014 (NCV No.2619/2014).

The learned Tribunal, vide impugned judgment/award dated 17.05.2018 awarded a sum of Rs.11,65,480/- in favour of the claimants alongwith interest @9% from the date of filing of claim petition i.e. 20.11.2014.

2. Learned counsel for the appellants-claimants raised two grounds before this Court, firstly, the learned Tribunal erroneously computed the income of the deceased on basis of minimum wages of a skilled labour at the rate of Rs.5,434/- per month whereas it was proved on record that the deceased was owner of a mini truck and he himself drove the same. Meaning thereby, he was a driver by profession and earned Rs.20,000/- per month.

3. Counsel submitted that although no document to prove the income was exhibited but then, the Registration Certificate of the vehicle in question in the name of deceased was available on record to prove that the deceased was the owner of the said vehicle. He was driving the same vehicle at the time of accident. Counsel further submitted that even the oral evidence as led by the claimants to prove the income of the deceased has not been controverted by the respondent-Insurance Company rather the same has been admitted. Therefore, there was no reason to disbelieve the version of the claimants and hence, the income of the deceased ought to have been considered at the rate of Rs.20,000/- per month.

4. In support of his submissions counsel placed reliance on the judgments passed by the Hon’ble Apex Court in the cases of Chandra and Ors. Vs. Mukesh Kumar Yadav and Ors.; (2022) 1 SCC 198 and Sushila & Ors. Vs. Ram Swaroop & Ors.; Civil Appeal No.3247 of 2023 (decided on 01.05.2023).

5. Secondly, the learned Tribunal erred in not awarding the amount qua consortium to all the dependents which is contrary to the ratio laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and Ors.; (2017) 16 SCC 680.

6. Per contra counsel appearing for the respondent-Insurance Company submitted that in absence of any evidence of the income of the deceased, the learned Tribunal rightly computed the same on basis of the minimum wages prevalent at that point of time.

7. Heard the counsels and perused the record.

8. A bare perusal of the record reflects that the wife of the deceased, Rekha Kanwar (A.W-1), specifically deposed that her husband earned a monthly income of Rs.20,000/ by driving a Tata 407 truck. Further, the ‘Driving License’ (Exhibit-14) and ‘Registration Certificate’ (Exhibit-13) of the mini truck as placed on record clearly reflect that the deceased was the owner of the vehicle (TATA 407) and was engaged in the occupation of driving.

9. True it is that no documentary evidence has been placed on record to prove the income of the deceased as averred by the claimants, but then, the deceased who was 39 years old at the time of accident and owned a vehicle, was definitely earning some amount for his livelihood. Further, the averment of the deceased being a driver by profession, has not been controverted by the respondents.

10. The Motor Vehicles Act, 1988 is a beneficial piece of legislation and thus, mere absence of documentary evidence to prove the income of the deceased would not justify the adoption of a minimum wage, that too, when it was proved on record that the deceased was a driver by profession. Thus, in interest of equity and justice, this Court deems it appropriate to determine the monthly income of the deceased to be Rs.8,000/-.

11. With regard to the amount to be awarded under the conventional head of ‘Consortium’, the Hon’ble Apex Court, in the case of Pranay Sethi (surpa) has fixed the amount payable under the conventional head of loss of consortium to be Rs.40,000/-. Further, the Hon’b