The monthly income of a daily wager must be calculated based on 30 days per month rather than 26 days. Furthermore, each dependant of a deceased person in a motor accident claim is entitled to compensation for the loss of consortium.

JUDGMENT :

SANDEEP TANEJA, J.

1. This appeal has been filed under section 173 of Motor Vehicle Act, 1988 seeking enhancement of compensation awarded, vide award dated 14.07.2025, by the learned Motor Accidents Claims Tribunal, Nasirabad, Ajmer in MAC Case No.118/2022 whereby the claim petition filed by the claimants- appellants (hereinafter referred to as ‘the appellants’) was partly allowed and total sum of Rs. 11,17,992/- was awarded, along with interest @ 6% per annum, in favour of the appellants.

2. The brief facts of the case, as pleaded in the claim petition, are that on 07.01.2017 at about 5:00 PM, while Sita Devi was returning to her house and reached near Raigar Mohalla in village Dilwaadi, a Truck bearing registration No. HR-46-C-9686, being driven by respondent No.2 (driver of the truck), in a rash and negligent manner, hit Sita Devi, as a result of which, she sustained injuries and thereafter died.

Subsequently, an FIR bearing No. 8/2017 was registered at police station Nasirabad Sadar and after investigation, charge-sheet was filed under Section 279 and 304-A IPC.

3. The appellants preferred a claim petition before the learned Tribunal for compensation on account of death of deceased- Sita Devi, which was partly allowed.

4. Being aggrieved by and unsatisfied with the said judgment and award, the appellants have filed the present appeal, seeking enhancement of the compensation awarded by the learned Tribunal.

5. Learned counsel for the appellants has submitted that the compensation awarded by the learned Tribunal should be enhanced on the following two grounds: -

(i) While calculating the minimum wages applicable at the relevant time for unskilled labour, the learned Tribunal calculated the monthly income of deceased by taking 26 days in a month and as such the learned Tribunal committed an error, as the monthly income of the deceased ought to have been calculated by taking 30 days in a month.

(ii) The compensation for the loss of consortium should be awarded to the claimants in accordance with the principles laid down by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680 and Magma General Insurance Company Vs. Nanuram @ Chuhru Ram & Ors. reported in (2018) 18 SCC 130, wherein it was held that each dependant is entitled to get compensation of Rs.40,000/- for the loss of consortium.

6. On the other hand, learned counsel for respondents has opposed the submissions made by learned counsel for the appellants and has submitted that the award passed by the learned Tribunal is just and proper and requires no interference by this Court.

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

8. The first contention of the learned counsel for the appellants is regarding calculation of monthly income of the deceased. From a perusal of the material available on record and the impugned award, it is revealed that the learned Tribunal determined Rs. 5382/- as her monthly income, on the basis of the minimum wages, for an unskilled person, applicable at the relevant point of time. However, while calculating the same, calculation was made for 26 days instead of taking 30 days in a month.

8.1 This Court in the case of Jalaur Singh and Ors. Vs. Barkat and Ors. , S.B. Civil Misc. Appeal No. 6562/2011, decided on 26.03.2012, and Nandu Devi and Ors. Vs. Sonhanlal and Ors. S.B. Civil Misc. Appeal No. 769/2017, decided on 23.02.2022 has held that the monthly income of a daily wager is to be assessed for 30 days instead of 26 days in a month.

8.2 In view of the settled position of law, this Court is of the opinion that the monthly income of the deceased ought to have been calculated for 30 days in a month. Therefore, the monthly income of the deceased would amount to Rs.6210/- (Rs. 207 X 30) instead of Rs.5382/-. Accordingly, the annual income of the deceased would amount to Rs.74520/- (Rs.6210 x 12). According to the age of deceased i.e. 32 years,