Cannot Compute Income Of 18-Yr-Old Accident Victim Based On Wages Of Unskilled Labour, Wages Of Semi-Skilled Labour To Be Considered: Rajasthan HC
4 months, 1 week ago

Cannot Compute Income Of 18-Yr-Old Accident Victim Based On Wages Of Unskilled Labour, Wages Of Semi-Skilled Labour To Be Considered: Rajasthan HC

Live Law  

In an appeal filed against an award passed by the Motor Accidents Claims Tribunal, the Jodhpur bench of Rajasthan High Court held that irrespective of there being no evidence on record to show that the deceased was employed, computing the income of an 18 year old based on minimum wages of an unskilled labour was unjustified. The bench of Justice Rekha Borana was hearing the appeal filed by the claimants on the grounds that the Tribunal had erroneously computed the income of the deceased on the basis of the wages of an unskilled labour whereas the deceased was employed in the thermal plant as a mechanic earning Rs. The Counsel argued that even otherwise, looking at the age of the deceased, the income should have been computed based on wages of atleast a semi-skilled labour. Therefore, the computation of his income on basis of the minimum wages for unskilled labour cannot be said to be reasonable.” In this background, the Court held that it was proper to compute the income of the deceased based on the minimum wages of semi-skilled labour at that point of time.

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History of this topic

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case
2 months, 2 weeks ago

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case

Live Law  

The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Sarla Verma and Ors vs Delhi Transport Corporation and Anr., which provides, “the deduction towards personal and living expenses of the deceased, should be one-third where the number …

MACT Erred In Categorizing Skilled Mason As Semi-Skilled Worker Under Jharkhand Minimum Wage Notification: High Court Enhances Award
4 months, 1 week ago

MACT Erred In Categorizing Skilled Mason As Semi-Skilled Worker Under Jharkhand Minimum Wage Notification: High Court Enhances Award

Live Law  

The Jharkhand High Court has rectified an error in the computation of compensation awarded by the Motor Accident Claims Tribunal, Bokaro by assessing the income of the deceased, a mason, as that of a semi-skilled worker, contrary to the classification in the Jharkhand Minimum Wage Notification. Justice Subhash Chand, presiding over the case, observed, “the learned Tribunal has held that …

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC
4 months, 2 weeks ago

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC

Live Law  

Rajasthan High Court has affirmed that if there are two documents for ascertaining the income of the deceased including a salary certificate from his/her employer and his/her Income Tax Returns, the latter shall be considered by the Court since these are statutory documents signed by the deceased himself/herself. It was submitted that as per the salary certificate provided by the …

Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court
1 year, 3 months ago

Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court

Live Law  

The Bombay High Court recently held that arrears cannot be considered while calculating a person's salary for the purpose of compensation for a motor accident. Justice Shivkumar Dige, while upholding enhancement of compensation to the family of a deceased in an accident, deducted the amount of arrears mentioned in his salary slip while calculating monthly income. The court was dealing …

Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court
2 years, 5 months ago

Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court

Live Law  

The Supreme Court observed that 'minimum wages notification' can be considered to determine the notional income of deceased in motor accident claim cases.As per the claimants, the Deceased was a fish vendor­ cum­ driver and was earning at least Rs. The Supreme Court observed that 'minimum wages notification' can be considered to determine the notional income of deceased in motor …

Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court
2 years, 7 months ago

Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court

Live Law  

The Gujarat High Court recently enhanced the compensation granted by the Motor Accident Claims Tribunal to the kin of a deceased victim, who was earning in foreign currency prior to his death.The Bench comprising Justices AJ Desai and Mauna Bhatt relied on Supreme Court's decision in United India Insurance Co. Ltd. & ors. The Gujarat High Court recently enhanced the …

Motor Accident | Failure To Produce Evidence Of Deceased's Income Does Not Justify Adoption Of Lowest Tier Of Minimum Wage: Himachal Pradesh HC
2 years, 7 months ago

Motor Accident | Failure To Produce Evidence Of Deceased's Income Does Not Justify Adoption Of Lowest Tier Of Minimum Wage: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court recently observed that merely because the claimants were unable to produce documentary evidence to show the monthly income of the deceased, the same should not justify adoption of lowest tier of minimum wage while computing the income. The Tribunal had assessed deceased's monthly income as 10,000/- whereas the Appellant argued that in absence of any …

Motor Accident| Veracity Of Witness Adducing Evidence Of Victim's Income Can't Be Doubted Merely Because He Appeared Sans Employer's Permission: Jharkhand HC
3 years, 1 month ago

Motor Accident| Veracity Of Witness Adducing Evidence Of Victim's Income Can't Be Doubted Merely Because He Appeared Sans Employer's Permission: Jharkhand HC

Live Law  

In a recent case seeking enhancement of compensation under the Motor Vehicle Act, 1989, the Jharkhand High Court refused to discard the testimony of a witness, General Manager at the company where the deceased used to work, merely because he appeared without permission from the Department Head.Justice Gautam Choudhary noted that the rules and protocols of official business in a …

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court
3 years, 3 months ago

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court

Live Law  

The Supreme Court has held that even if there is no evidence on record of actual income, deceased person's potential to earn can be considered while considering insurance claims in motor accidents matter. The Motor Accidents Claims Tribunal, Ranchi in its judgement assessed the "future loss of income" of the deceased at Rs.20,000/month and on that basis arrived at a …

Motor Accidents Claim - Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate : Supreme Court
3 years, 5 months ago

Motor Accidents Claim - Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate : Supreme Court

Live Law  

While deciding on compensation to be paid in a case of motor vehicle accident, Supreme Court has observed that merely because claimants were unable to produce documentary evidence to show the monthly income of the deceased, the same does not justify adoption of lowest tier of minimum wage while computing the income. "In absence of salary certificate the minimum wage …

Motor Accidents: Claimant Deprived Of Full Pension Of Her Husband Entitled To Compensation For Loss Of Earnings, Holds Allahabad High Court
4 years, 3 months ago

Motor Accidents: Claimant Deprived Of Full Pension Of Her Husband Entitled To Compensation For Loss Of Earnings, Holds Allahabad High Court

Live Law  

The Allahabad High Court on Monday held that a claimant widow, who is deprived of full pension of her husband because he died in a motor accident, is entitled to compensation under the head of loss of earnings. "The Tribunal ought to have considered the fact that had her husband survived, she would have got a sum of Rs.28,000/- per …

In Motor Accident Cases, Deceased Victim's Salary Cannot Be Assessed Based Upon The Fact He Was A Brilliant Student: Bombay HC [Read Judgment]
5 years, 7 months ago

In Motor Accident Cases, Deceased Victim's Salary Cannot Be Assessed Based Upon The Fact He Was A Brilliant Student: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that merely because the victim in a motor accident case was a brilliant student, his salary cannot be assessed as exemplary. Tribunal has discarded the evidence adduced by the claimants on the point of income and observed that except bare words of the witnesses, there is nothing on record to support that deceased was …

Deceased Bachelor's Age Is The Basis For Computing Multiplier In Motor Accident Claims, Reiterates SC [Read Judgment]
5 years, 7 months ago

Deceased Bachelor's Age Is The Basis For Computing Multiplier In Motor Accident Claims, Reiterates SC [Read Judgment]

Live Law  

The 'Multiplier' to be applied in the case of a deceased bachelor, should be computed on the basis of the age of the deceased, not the age of the parents, the Supreme court has reiterated.The bench comprising Justice Indu Malhotra and Justice Sanjiv Khanna were considering an appeal filed by parents of a deceased girl, who was just twenty year …

Deceased medic's parents get Rs. 27,25,000 compensation after 12 years
10 years, 5 months ago

Deceased medic's parents get Rs. 27,25,000 compensation after 12 years

India TV News  

New Delhi: Twelve years after a 19-year-old medical student was crushed under the wheels of a truck in Ahmedabad, the Supreme Court has awarded compensation of Rs.27,25,000 with an annual interest of 9 percent holding that deceased was a diligent and outstanding student and ascertaining his future income at Rs.25,000 per month. Awarding the compensation, an apex court bench of …

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