Summary
Two co-workers riding a motorcycle home from work in Bharatpur district in 2013 were killed when a truck hit them from behind. The Tribunal took their income at Rs 11,225 a month from the employer's salary certificate and pay slip. The Rajasthan High Court reduced it to the minimum wage of Rs 4,836, because the issuer of the documents was not examined. The Supreme Court restored the Tribunal's income figure. Motor accident claims require proof only on a preponderance of probability, and the documents were corroborated by the widows and co-workers. It applied Pranay Sethi for future prospects: 30% for the 41-year-old and 50% for the 38-year-old. It awarded Rs 44,000 consortium to each dependant and Rs 20,000 each for funeral expenses and loss of estate, with 9% interest.
Issues
- Whether a salary certificate and pay slip can be rejected as proof of a deceased's income in a motor accident claim merely because their issuer was not examined.
- What future prospects and consortium are payable to the dependants of deceased aged 41 and 38.
Provisions considered
- Sections 166, 168 and 169, Motor Vehicles Act, 1988A claim before the Tribunal is not an adversarial suit; strict rules of evidence do not apply and the standard is preponderance of probability (Shila Datta, Sunita, Kusum Lata), the Tribunal's task being to award just compensation. (¶¶ 16, 17, 18, 19)
Held
- The High Court erred in rejecting the salary certificate and pay slip merely because their issuer was not examined; corroborated by the widows and co-workers, they established income of Rs 11,225 a month, and minimum wages could not be substituted. (¶¶ 19, 20, 29)
- For the 41-year-old with five dependants, applying Pranay Sethi and Sarla Verma, future prospects at 30%, a one-fourth personal deduction and multiplier 14 give loss of dependency of Rs 18,38,655; for the 38-year-old with four dependants, 50% future prospects, one-fourth deduction and multiplier 15 give Rs 22,73,062.50. (¶¶ 21, 30)
- Following Satinder Kaur, consortium of Rs 40,000 for all dependants together was insufficient; each dependant receives Rs 44,000 after the periodic 10% increase, and funeral expenses and loss of estate are raised to Rs 20,000 each, with interest at 9% from the claim petition. (¶¶ 22, 24, 31, 33)
Result
Civil Appeal Nos. 8179 and 8180 of 2022 allowed; the Rajasthan High Court (Jaipur Bench) judgments dated 29.04.2019 in S.B. Civil Misc. Appeal Nos. 441 and 561 of 2019 set aside and compensation recomputed as stated, with interest at 9% per annum from the date of the claim petitions until realisation.