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ALKA SARIN
Koshalya – Appellant
Versus
Ghanshyam – Respondent
JUDGMENT (Oral)
Mrs. Alka Sarin, J.
CM-15710-CII-2012
This is an application for condonation of delay of 9 days in filing the appeal.
For the reasons stated in the application, delay of 9 days in filing the appeal is condoned. CM stands disposed off.
FAO-3653-2012
The present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Rewari vide award dated 01.09.2011.
2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.
3. The Tribunal in the present case had awarded the following compensation :
| Sr. No. | Heads | Compensation Awarded |
| 1 | Monthly Income | Rs. 4,800/- |
| 2 | Annual Income | [Rs. 4,800x12] = Rs. 57,600/- |
| 3 | Deduction 1/3rd | [Rs. 57,600-19,200] = Rs. 38,400/- |
| 4 | Multiplier - 15 | [Rs. 38,400x15] = Rs. 5,76,000/- |
| 5 | Funeral expenses | Rs. 10,000/- |
| 6 | Total Compensation | Rs. 5,86,000/- |
|
| Interest | 6% per annum |
4. Learned counsel for the claimant-appellants would contend that the wife of the deceased had stepped into the witness box and stated
The court ruled that oral evidence regarding income is valid even without documentary proof, leading to a reassessment of compensation based on future prospects.
Income assessment for compensation must reflect realistic estimates, not merely minimum wage, ensuring just compensation based on evidence and established legal principles.
Assessment of compensation must consider all reliable income evidence, and tribunals should not dismiss documented proofs due to inadequate accompanying documents.
The court established that the income of a deceased should be assessed based on qualifications and evidence, applying a multiplier of 17 and including future prospects in compensation calculations.
The court concluded that minimum wage standards guide but must not constrain just compensation in motor vehicle accidents, allowing for comprehensive income assessments.
The court established that a housewife's notional income should be assessed based on minimum wage standards, and conventional heads must align with Supreme Court precedents for just compensation.
The court established that compensation for loss of dependency must consider minimum wages, future prospects, and appropriate multipliers, ensuring just compensation for claimants.
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
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