Summary
The Court enhanced compensation payable to the parents of a deceased heavy-vehicle driver. Absence of a salary certificate did not make notified minimum wages an absolute measure of income; oral evidence, the deceased’s demonstrated occupation and prevailing realities also mattered. Monthly income was assessed at Rs.8,000, with 40% future prospects, one-third personal-expense deduction and multiplier 16. The parents received additional dependency compensation of Rs.3,33,964 and consortium of Rs.40,000 each, totalling Rs.4,13,964 with 6% annual interest from the claim petition.
Issues
- Whether the deceased driver’s income had to be confined to notified minimum wages in the absence of a salary certificate.
- Whether the parents were entitled to enhanced dependency compensation and consortium.
Held
- Minimum wages may provide a yardstick where documentary salary evidence is unavailable, but are not an absolute measure. Assessment requires realistic estimation in light of the evidence. The proved heavy-vehicle licence, occupation and wife’s testimony justified assessing monthly income at Rs.8,000 rather than Rs.5,746. (¶¶ 9, 10)
- For the deceased aged about 32 on a fixed salary, 40% was added for future prospects and one-third deducted for personal expenses. Applying multiplier 16 to the resulting monthly figure of Rs.7,467 yielded dependency compensation of Rs.14,33,664 and an additional award of Rs.3,33,964. (¶ 10)
- The Tribunal’s rejection of the parents as dependants was contrary to Sarla Verma. They were also entitled to consortium of Rs.40,000 each under Magma General Insurance. (¶¶ 7, 10)
- The additional amount payable to the appellant parents was Rs.4,13,964, carrying interest at 6% per annum from filing of the claim petition. The appeal was partly allowed without costs. (¶¶ 11, 12)
Result
Appeal partly allowed. Additional compensation of Rs.4,13,964 awarded to the appellant parents with 6% annual interest from filing of the claim petition; no costs.