NDLI: Chandra @ Chanda @ Chandraram & Anr. Vs. Mukesh Kumar Yadav & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1988: s. 166 Motor Vehicles Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Motor Vehicles Act, 1988 (59 of 1988)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Motor Vehicles Act, 1988: s. 166 – Fatal accident – Victim- deceased aged 32 years was employed as driver of truck trailer – He possessed heavy vehicle driving licence – On the fateful day, he was driving the vehicle when another truck trailer came on the wrong side and rammed into the vehicle of the deceased resulting in his death – Claim was filed before the Tribunal by the parents, wife, minor son, brother and sister of the deceased – It was the specific case of the claimants that the deceased was possessing heavy vehicle driving licence and was earning Rs.15000/- per month – Though wife of the deceased categorically deposed that her husband deceased was earning Rs.15000/- per month, same was not considered only on the ground that salary certificate was not filed – Tribunal fixed the monthly income of the deceased by adopting minimum wage notified for the skilled labour in the year 2016 – Tribunal awarded compensation of Rs. 10.99 lacs with 6% PA interest – Appellant-parents alone filed appeal before the High Court which was dismissed – Hence instant appeal – Held: Although the minimum wage notification can be a yardstick in absence of salary certificate, but at the same time cannot be an absolute one to fix the income of the deceased – In absence of documentary evidence on record, some amount of guesswork is required to be done – But at the same time, the guesswork for assessing the income of the deceased should not be totally detached from reality – Merely because claimants were unable to produce documentary evidence to show the monthly income of the victim-deceased, same does not justify adoption of lowest tier of minimum wage while computing the income – No reason to discard the oral evidence of the wife of the deceased that the deceased was earning around Rs.15000/- per month – Keeping in mind the enormous growth of vehicle population and demand for good drivers and considering oral evidence on record, the income of the deceased taken at Rs.8000/- per monthfor the purpose of loss of dependency – Deceased was aged about 32 years on the date of the accident and as he was on fixed salary, 40% enhancement is to be made towards loss of future prospects – At the same time, deduction of one-third is to be made from the income of the deceased towards his personal expenses – Accordingly the income of the deceased can be arrived at Rs.7467/ - per month – By applying the multiplier of ‘16’, the claimants are entitled for compensation of Rs.14,33,664/- – As an amount of Rs.10,99,700/- is already paid towards the loss of dependency, the appellant-parents are entitled for differential compensation of Rs.3,33,964/- – Appellants are also entitled for parental consortium of Rs.40,000/- each.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2021 INSC 593
Petitioner	Chandra @ Chanda @ Chandraram & Anr.
Respondent	Mukesh Kumar Yadav & Ors.
SCR	[2021] 8 S.C.R. 591
Judgement Date	2021-10-01
Case Number	6152

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