Case Note & Summary
The present appeal arises from a judgment and award dated 20.06.2024 passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad, in Motor Accident Claim Petition No.252/2020. The appellants, Vinaben Manubhai Thakor and another, are the original claimants and legal heirs of the deceased, Manubhai Thakor, who died in a motor vehicle accident on 03.12.2019. The deceased was travelling as a passenger in an auto rickshaw when a ST bus driven rashly and negligently on the wrong side dashed into the rickshaw, causing fatal injuries. The claimants filed a petition seeking compensation of Rs.15,00,000/-. The Tribunal awarded Rs.9,12,000/- with interest at 7.5% per annum. The appeal was filed only on the ground of quantum, challenging the notional income assessed at Rs.6,000/- per month and the amounts awarded under conventional heads. The High Court, relying on the principle in Govind Yadav v. National Insurance Co. Ltd., held that in the absence of proof of income, the notional income should be based on minimum wages prevalent at the time of the accident. Since the accident occurred in December 2019, the court took the notional income as Rs.11,000/- per month. Applying a multiplier of 13 (as the deceased was 48 years old) and deducting 1/3rd towards personal expenses, the loss of dependency was computed as Rs.11,44,000/-. Additionally, the court awarded Rs.18,000/- for loss of estate, Rs.18,000/- for funeral expenses, and Rs.40,000/- for spousal consortium, totaling Rs.12,20,000/-. The appeal was partly allowed, enhancing the compensation from Rs.9,12,000/- to Rs.12,20,000/- with interest at 7.5% per annum from the date of petition till realization.
Headnote
A) Motor Vehicles Act - Compensation - Notional Income - Minimum Wages - In absence of proof of income, the Tribunal must consider prevalent minimum wages as notional income for computing loss of dependency - The deceased was a labourer aged 48 years; accident occurred in December 2019 - Held that notional income should be taken as Rs.11,000/- per month based on minimum wages (Paras 5-7). B) Motor Vehicles Act - Compensation - Conventional Heads - Loss of Estate, Funeral Expenses, Spousal Consortium - The Tribunal awarded inadequate amounts under conventional heads - Held that claimants are entitled to Rs.18,000/- for loss of estate, Rs.18,000/- for funeral expenses, and Rs.40,000/- for spousal consortium as per settled law (Para 7). C) Motor Vehicles Act - Compensation - Multiplier - Age of Deceased - The deceased was 48 years old as per PM report - Held that multiplier of 13 is applicable as per Sarla Verma v. DTC (Para 7).
Issue of Consideration
Whether the Tribunal erred in assessing the notional income of the deceased at Rs.6,000/- per month and in awarding compensation under conventional heads in a motor accident claim petition.
Final Decision
The appeal is partly allowed. The judgment and award dated 20.06.2024 passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad, in Motor Accident Claim Petition No.252/2020 is modified. The claimants are entitled to total compensation of Rs.12,20,000/- with interest at 7.5% per annum from the date of petition till realization. The respondents are directed to deposit the enhanced amount within eight weeks.
Law Points
- Notional income assessment for deceased without proof of income
- Minimum wages as basis for notional income
- Compensation under conventional heads in motor accident claims
- Multiplier application based on age of deceased
