The court reinforced the principles of calculating compensation in accidental death claims, underscoring the importance of evidence and reasonable assumptions regarding income.

1. Leave granted.

2. Heard learned counsel for the appellants as also learned counsel for the respondents and perused the appeal papers.

3. In respect of an accident which occurred on 14.10.2012 and the death of husband / father of the claimants, the Motor Accidents Claims Tribunal (for short 'MACT') has awarded the compensation at Rs. 10,27,500 with interest, through its award dated 8.11.2013. The High Court has enhanced the same through its judgment dated 18.1.2018 to Rs. 12,98,500 with interest at 7.5 per cent per annum. The MACT while arriving at its conclusion had taken into consideration that in the absence of documents to prove the salary, the salary of an unskilled worker could be taken at Rs. 6,500 per month. The High Court has maintained the same and thereafter granted the compensation.

4. Though learned counsel for respondent insurance company vehemently contends that in the absence of documents, the MACT and the High Court were justified, we note that the MACT, in fact, has taken into consideration the evidence of PW 3, namely, Ramesh Kumar who tendered his evidence to state that the deceased was being engaged by him as a driver to drive the 18 - wheel truck - trolley. To establish that he is the owner of the vehicle, the documents exhibited at Exhs. P3 and P4 were produced. Ramesh Kumar had stated that he was paying to the deceased Rs. 23,500, which includes the daily allowance plus medical allowance. The driving licence of the deceased was produced and marked as Exh. P5.

5. From the said documents, though they do not refer to the actual salary which was being paid, keeping in view the fact that the accident had occurred in the year 2012 and there was demand for drivers who would drive such heavy - duty vehicles and also the nature of duty involved, even if the salary as stated is stated to be little or on exaggerated side, we can still assume it to be Rs. 20,000 per month including daily allowance. If that is done and 40 per cent of the same is awarded towards 'future prospects', the same would be in a sum of Rs. 28,000. 1/4th of the said amount is deducted towards 'personal expenses' and on taking it on annual basis and applying the appropriate multiplier of '15', the compensation would be in a sum of Rs. 37,80,000 towards loss of dependency. Towards the 'conventional heads' a sum of Rs. 70,000 is awarded. The total compensation would be in a sum of Rs. 38,50,000. The High Court, as noted, has awarded the compensation of Rs. 12,98,500.

6. Hence, appellants would be entitled to the enhanced compensation of Rs. 25,51,500 which shall be paid with interest at 7.5 per cent per annum from the date of the petition being filed before the MACT. The amount shall be deposited by the respondent No. 3 - insurance company within a period of six weeks from the date of receipt of a copy of this judgment, whereupon the amount shall be disbursed to the claimants.
The appeal is, accordingly, disposed of.
Orders accordingly.