Compensation for fatal accidents must consider the deceased's income as skilled labor and include future prospects, following established legal precedents.

Judgment :

1. The present misc. appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment/award dated 09.02.2021 passed by Family Court, Banswara in MAC Case No. 168/2019 (Old No.87/2015).

Vide impugned judgment/award dated 09.02.2021, the learned Family Court awarded a sum of Rs.5,82,144/- in favour of the claimants along with interest @9% per annum from the date of filing of the claim petition.

2. Brief facts as pleaded in the claim petition are that on 16.02.2015, Ibrahim Khan was en route from Banswara to Pipalwa in his tempo bearing registration No. RJ-03-PA-1632. At around 4:00-4:15 PM, on reaching near Pragati Petrol Pump, Banswara- Ghatol-Jaipur, a dumper bearing registration No. MP-04-HE-1333, being driven rashly and negligently on the wrong side of the road, collided with Ibrahim’s tempo resulting into fatality of Ibrahim. FIR No. 53/2015 pertaining to the said accident was lodged at Police Station Kotwali, Banswara.

The offending vehicle, on the date of accident, was insured with respondent No.4 Insurance Company.

3. The appellants-claimants are the dependants of deceased Ibrahim. The learned Court after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.5,122/-, awarded total compensation of Rs.5,82,144/- in favour of the appellants-claimants, the breakup of which is as under:

Learned Court below also awarded interest @9% per annum from the date of filing of the claim petition i.e. 04.03.2015.

4. Learned counsel for the appellants raised the following grounds:

(i) The learned Court erroneously computed the income of the deceased to be Rs.5,122/- per month on basis of the wages for an unskilled labour whereas the deceased was engaged as a driver and hence the income ought to have been considered that of a skilled labour.

(ii) The learned Court erred in omitting to take into consideration the future prospects of the deceased while computing the loss of income which is in total contravention to the principles/guidelines as laid down in the case of National Insurance Company Limited vs. Pranay Sethi and Ors. ; (2017) 16 SCC 680

(iii) The learned Tribunal committed a significant error by awarding insufficient compensation qua the conventional heads.

5. Learned counsel for the respondents although supported the impugned judgment to the extent of computation of income, but is not in a position to refute the submission regarding the non consideration of future prospects and non grant of compensation qua conventional heads.

6. Heard learned counsel for the parties and perused the material available on record.

7. A bare perusal of the material available on record reflects that the wife of the deceased i.e. Mariyam (AW-1), in her statements, submitted that her husband used to drive a tempo and earned monthly income of Rs.9,000/-. True it is that no document in support of the said statement has been placed on record but then, the fact of the deceased being a driver has not also been controverted by the respondents.

In view of the same, this Court deems it proper to compute the income of the deceased at the minimum wages as applicable for a skilled labour. As per the Government Notification, the minimum wages as on 01.01.2015 prescribed for a skilled labour was Rs.217/- p