In the absence of cogent evidence to prove the actual income of the deceased, the court should apply the prevailing minimum wage matrix for the relevant category of worker to calculate fair compensation in motor accident claims.

Order on Board

1. Heard on admission.

2. Admit.

3. With the consent of the parties, the matter is heard finally.

4. The appellants/ claimants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 10.5.2024, passed in Claim Case No.42 of 2023 by the learned Second Additional Motor Accident Claims Tribunal, Sakti, District Janjgir-Champa whereby the learned Tribunal passed an award to the tune of Rs.10,69,600/- and directed the Insurance Company to make payment alongwith interest @ 6% per annum on account of death of Harish Kumar.

5. Learned counsel for the appellants would submit that on 8.4.2023 at around 10:30 am, when deceased – Harish Kumar and Prakash Agrawal were near Thathari Petrol Pump, Baradwar, the driver of the offending Tractor bearing registration No.C.G.11 BF 4900 by driving it rashly and negligently, dashed the deceased, resultantly, he sustained injuries and died during the course of treatment. The claimants, who are parents and siblings filed a claim case under Section 166 of the Motor Vehicles Act wherein they pleaded that at the time of the accident, the age of the deceased was 26 years and earning Rs.30,000/- per month. He would further contend that the learned assessed the income of the deceased at Rs.7,000/-, which is at lower side. He would further submit that the parents were entitled to receive compensation for loss of consortium but the learned Tribunal has granted a sum of Rs.40,000/- to one of the parents on said head. He would contend that in absence of evidence with regard to income of the deceased, the learned Tribunal should have applied minimum wage matrix. He would pray to enhance the compensation accordingly.

6. On the other hand, learned counsel for respondent No.3 would oppose the submissions made by counsel for the appellants. He would submit that the claimants could not prove the income of the deceased, therefore, the learned Tribunal has assessed Rs.7,000/- per month. He would further contend that claimants No.3 & 4 being major younger brothers of the deceased are not entitled for compensation, as they were dependent on the income of their father. He would submit that the appeal deserves to be dismissed.

7. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection.

8. A perusal of oral as well as documentary evidence would reveal that the claimants failed to prove the income of the deceased by leading cogent evidence. The minimum wage admissible to an unskilled labourer in the April, 2023 was Rs.9,960/- per month whereas, the learned Tribunal has considered the income of the deceased at Rs.7,000/-, which is certainly at lower side. Further, the learned Tribunal should have granted compensation for loss of consortium to the parents but only Rs.40,000/- has been granted on this head. Thus, the compensation requires reconsideration and same is being revisited herein below: