Determination of notional income for unskilled workers in motor accident compensation claims, establishing a baseline of Rs. 10,000 per month plus future prospects to ensure just compensation.

JUDGMENT:

This Motor Accidents Civil Miscellaneous Appeal is filed by the appellants/claimants seeking enhancement of the compensation awarded by the learned Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Nizamabad, in M.V.O.P.No.62 of 2021 dated 14.08.2023, to the extent of Rs.9,23,400/-, out of the claim of Rs.20,00,000/-.

The facts relating to the accident and the death of the deceased, Mohd.Mahaboob and incurring of expenditure for performing funeral are not in dispute. The respondents dispute the quantum of compensation claimed to be excessive and also denied their liability to pay the same to the petitioners.

The learned Tribunal basing on the pleadings framed the following issues for consideration:

“1. Whether the deceased Moh.Mahaboob died in the motor accident occurred on 19.11.2020 at Dichpally Railway Station on Nizamabad-Dichpally Main Road of P.S. Dichpally due to the rash and negligent driving of RTC bus bearing No.AP 29 Z 1988 by its driver?

2. Whether the petitioners are entitled for compensation? If so to what extent and from whom?

3. To what relief?”

During the course of enquiry, on behalf of the petitioners/ claimants, PWs.1 and 2 were examined and Exs.A.1 to A.4 were marked. On the other hand, the respondent No.1 examned ets driver as RW.1 and no document was marked.

The Tribunal, upon appreciation of the evidence on record, both oral and documentary, held that the accident occurred due to rash and negligent driving of the RTC bus bearing No.AP 29 Z 1988 by its driver. The Tribunal further basing on the documentary evidence, in particular Ex.A.3-copy of inquest panchanama and Ex.A.4-copy of Post-mortem report, ascertained the age of the deceased as 52 years at the time of accident and as per the evidence of PW.1, who deposed that prior to accident the deceased was working as Hamali, fixed the monthly income of the deceased at Rs.6,600/- and after deducting 1/4 th from his monthly income, assessed his contribution to the family would be at Rs.4,950/- per month, and it would come to Rs.59,400/- per annum and the multiplier applicable for the age group of 51 to 55 years is ‘11’. Hence, the loss of dependency to petitioners on account of the death of the deceased would be Rs.6,53,400/-. The Tribunal in total granted an amount of Rs.9,23,400/- towards compensation. However, the appellants/petitioners seeks to enhance the same by way of this appeal.

Heard Sri Kuriti Prem V.Swami Naidu, learned counsel for the appellants and Sri N.Shrushman Reddy, learned Standing Counsel for the TGSRTC for the respondents and perused the record.

Learned counsel for the appellants contends that the Tribunal, while answering issue No.1 in favour of the appellants that the accident occurred due to rash and negligent driving of the driver of the bus and also basing the evidence of PW.1, while considering that the deceased was working as daily labour, misconstrued the notional income as Rs.6,000/-; and that the Tribunal ought to have granted compensation under the head ‘transportation’ also, and accordingly prays for enhancement of the compensation awarded.

In support of his contentions, learned counsel for the appellants relied upon a latest judgment of the Hon’ble Supreme Court in Shaikh Sadk Shaikh Rafique v/s. Reliance General Insurance Company Limited , SLP (C) No.26999 of 2023 dated 13.05.2025, to contend that an unskilled worker would be entitled to claim his monthly earnings at Rs.10,000/-.

Learned Standing Counsel for the respondents contended that the amount granted towards compensation by the Tribunal is just and reasonable and the same does not warrant any interference by this Court and accordingly, prayed for dismissal of the appeal.

A perusal of the evidence of PW.1, wherein it was deposed that the deceased was earning Rs.30,000/- per month by doing labour work and due to his sudden demise they lost their sole breadwinner