Case Note & Summary
The appellant, Lalabhai Chelabhai Chauhan, father of the deceased minor Ravindra Lalabhai Chauhan, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 01.05.2025 passed by the Motor Accident Claims Tribunal (Aux), Panchmahals at Godhra in MACP No.184 of 2020. The accident occurred on 30.01.2020 when the deceased, aged 14, was sitting on the lap of Sushilaben on a motorcycle driven by Lalabhai. An Ecco Car driven rashly by opponent no.1 hit the motorcycle from behind, causing fatal injuries. The Tribunal partly allowed the claim petition. The appellant contended that the Tribunal erred in fixing the notional income of the deceased at a low amount and in not awarding consortium to each appellant. The High Court, after hearing both sides, held that the notional income of a minor should be based on the prevailing minimum wages for a skilled worker, as the minor would have started earning after attaining 14 years. The court also held that each claimant is entitled to consortium. The appeal was allowed, enhancing the compensation accordingly.
Headnote
A) Motor Accident Compensation - Notional Income of Minor Deceased - Minimum Wages - The court held that for a minor deceased aged 14 years, notional income should be based on prevailing minimum wages for a skilled worker, not a lower amount, as the minor would have started earning after attaining working age. (Paras 4-6) B) Motor Accident Compensation - Consortium - Each Claimant Entitled - The court held that each claimant is entitled to consortium under the head of loss of consortium, and the Tribunal erred in awarding consortium only to the father. (Para 7)
Issue of Consideration
Whether the Tribunal erred in fixing notional income of a minor deceased and in not awarding consortium to each appellant.
Final Decision
Appeal allowed. Compensation enhanced. Notional income fixed at minimum wage rate. Consortium awarded to each claimant.
Law Points
- Notional income of minor deceased
- Minimum wages as basis for income
- Consortium to each claimant
- Section 173 Motor Vehicles Act
- 1988
