VidhiSangh

Supreme Court of India · 17/10/2022

MANUSHA SREEKUMAR & ORS. versus THE UNITED INDIA INSURANCE CO. LTD.

[2022] 18 S.C.R. 455 · 2022 INSC 1102

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Summary

A 32-year-old fish vendor and registered goods-vehicle driver was killed in Kerala in 2015 when an insured car hit his motorcycle. The Tribunal fixed his income at Rs 17,500 a month, including Rs 3,500 of rent; the High Court, finding no proof of income, cut it to a notional Rs 10,000. The Supreme Court partly allowed the claimants' appeal. Welfare Fund Board membership proved he was a driver. Taking judicial notice under Section 57 of the Evidence Act of the Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971 and its 2015 notification, which fix Rs 15,600 as the minimum wage for drivers as skilled workers, the Court adopted that income. It excluded the rent because it passes to the heirs. With 40% future prospects, a one-third deduction and a multiplier of 16, compensation rose to Rs 29,73,520 with 9% interest.

Issues

  1. How the income of a deceased self-employed driver should be determined in the absence of salary proof, and whether a statutory minimum wage notification may be used.
  2. Whether rental income of the deceased should be added to his income for computing loss of dependency.
  3. Whether the insurer, without appealing, could challenge the award under non-conventional heads.

Provisions considered

Held

Result

Appeal partly allowed; the High Court's judgment set aside and total compensation fixed at Rs 29,73,520 with 9% interest from the date of the claim petition, payable within six weeks after adjusting amounts already paid.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 455.