In motor accident claims, where actual income is not proved, the court should assess income based on the prevailing minimum wages and apply future prospects and multipliers according to the age of the deceased to ensure just compensation.

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 05.06.2025 passed by the learned Motor Accident Claims Tribunal (Main) at Dahod, in M.A.C.P. No. 283 of 2019, whereby the learned Tribunal had partly allowed the Claim Petition, and awarded a sum of Rs.16,01,300/-, along with interest at the rate of 9% per annum, from the date of filing of the Claim Petition i.e., from 03.10.2019 till 31.03.2021 and at the rate of 7% per annum from 01.04.2021 till its realization, as compensation.

2. At the joint request of the learned counsels for the parties, the captioned appeal is taken up for final disposal at the stage of admission.

3. The succinct facts, which led to the filing of the captioned appeal, as explained by the learned Counsel for the parties and as narrated in the Claim Petition are summarized as under:-

i. On 19.05.2019, Ms. Parulben Dhirajbhai Panchal (hereinafter referred to as the “deceased”), was travelling as a pillion rider in a Motorcycle bearing registration No.GJ-07-L-8883, from Hajariya Falia to her house. The said motorcycle was being driven by the deceased’s husband at very moderate speed and on the correct side of the road. When they reached near Laxmi Hotel at Nani Sarshi village on Indore to Godhra road, original opponent No.1/respondent No.1 herein came by driving a Toyota Innova car bearing registration No.MP- 09-CT-5005 in a rash and negligent manner and at an excessive speed without observing traffic rules, as a result, the car driven by original opponent No.1/respondent No.1 herein dashed with the motorcycle on which the deceased was travelling, thereby causing the vehicular accident. The deceased sustained grievous injuries in the said vehicular accident and she succumbed to the said injuries during treatment.

ii. It is the case of the original claimants/appellants herein before the learned Tribunal that at the time of the vehicular accident, the deceased was aged about 30 years and was doing household and tailoring work, thereby earning Rs.15,000/- per month. Therefore, the original claimants/appellants herein preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.47,50,000/-.

iii. Having been served with the notices/summons of the Claim Petitions, original opponent No.3/respondent No.3 herein – Insurance Company filed its Written Statement vide Exh.15, thereby denying the averments made in the Claim Petition, and prayed for dismissal of the Claim Petition.

iv. Having considered the evidence on record, the learned Tribunal had partly allowed the Claim Petition, and awarded a sum of Rs.16,01,300/-, along with interest at the rate of 9% per annum, from the date of filing of the Claim Petition i.e., from 03.10.2019 till 31.03.2021 and at the rate of 7% per annum from 01.04.2021 till its realization, as compensation.

v. Being aggrieved and dissatisfied with the impugned judgment and award, the original claimants/appellants herein have preferred the captioned appeal seeking enhancement of the compensation awarded by the learned Tribunal.

4. Heard learned counsels for the parties.

5. Mr. Bhalodi, learned advocate appearing on behalf of the original claimants/appellants herein vehemently submitted that at the time of the vehicular accident, the deceased was aged about 30 years and she was doing tailoring work, thereby earning Rs.15,000/- per month. He further submitted that the income of the deceased could not be proved on record by leading any cogent evidence before the learned Tribunal, therefore the learned Tribunal had considered the income of the deceased at Rs.6,500/- per month, which is at a very lower side. He contended that in the absence of any cogent evidence on income, the learned Tribunal ought to have assessed the income of the deceased on the basis of the minimum wages prevalent at the time of the vehicular accident. He further submitted that the minimum wages prevalent at the time of the