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 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

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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.

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, 1 week ago
MACT Erred In Categorizing Skilled Mason As Semi-Skilled Worker Under Jharkhand Minimum Wage Notification: High Court Enhances Award
4 months ago
Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC
4 months, 1 week ago
Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court
1 year, 3 months ago
Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court
2 years, 5 months ago
Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court
2 years, 6 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
2 years, 7 months 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
3 years, 1 month ago
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 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: Claimant Deprived Of Full Pension Of Her Husband Entitled To Compensation For Loss Of Earnings, Holds Allahabad High Court
4 years, 3 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]
5 years, 7 months ago
Deceased Bachelor's Age Is The Basis For Computing Multiplier In Motor Accident Claims, Reiterates SC [Read Judgment]
5 years, 7 months ago
Deceased medic's parents get Rs. 27,25,000 compensation after 12 years
10 years, 5 months ago

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