VidhiSangh

Supreme Court of India · 01/10/2021

CHANDRA @ CHANDA @ CHANDRARAM & ANR. versus MUKESH KUMAR YADAV & ORS.

[2021] 8 S.C.R. 591 · 2021 INSC 593

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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

  1. Whether the deceased driver’s income had to be confined to notified minimum wages in the absence of a salary certificate.
  2. Whether the parents were entitled to enhanced dependency compensation and consortium.

Held

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.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 591.