IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

 CIVIL APPEAL NO. 11115   OF 2017

ANITA AND OTHERS ...  APPELLANT (S)

VERSUS

ARUN YADAV AND OTHERS      ... RESPONDENT (S)

J U D G M E N T

KURIAN, J.:

1. The appellants herein are aggrieved by the insufficiency of

the compensation awarded to them on account of a motor

accident in which husband of the first appellant died. The

main dispute is with regard to income. The Motor Accident

Claims Tribunal awarded a total sum of Rs.6,90,400/-  and

the High Court  added 50 per  cent towards income of  the

deceased  in  addition  to  some  compensation  under  other

heads.  There  was  no  dispute  that  deceased was  a  driver

employed with a private establishment and it has come in

evidence that additionally,  he was engaged in private taxi

driving.  

2. Learned Counsel appearing for the Insurance Company has

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NON-REPORTABLE

brought  to  our  notice  the  notification  issued  by  the

Government of Haryana, Labour Department, where a skilled

person in  Category ‘B’ has been granted minimum wages to

the tune of Rs.4,360/-. A driver is not a semi-skilled person

but a skilled person. Therefore, in any case, we are of the

view that the income out of the employment as driver should

have been assessed at Rs.4,360/- per month. Since, it has

come in  evidence  that  he  was  also  a  private  taxi  driver,

though there is not much  evidence produced with regard to

the actual income, we are of the view that it would be just

and proper to add an income of Rs.100 per day out of the

taxi  service.  Thus,  the  monthly  income  would  come  to

Rs.7,360/-.  Adding 50 per cent for  the future prospects,  it

comes to Rs.11,040/-. After deducting 1/4th towards personal

expenses, what would have been saved to the estate would

be  Rs.8,280/-.  Taking  the  undisputed  multiplier  of  18,  the

compensation in that respect comes to Rs.17,88,480/-.

3. The High Court  has  rightly  awarded Rs.1,00,000/-  towards

loss of consortium to the widow. The two minor daughters

will be entitled to Rs.1,00,000/- each, i.e., Rs.2,00,000/- and

the mother gets Rs.50,000/- on account of loss of love and

affection. The transportation expenses awarded by the High

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Court  to  the  tune  of  Rs.10,000/-  is  maintained.  Towards

funeral  expenses,  the  appellant  shall  be  entitled  to

Rs.25,000/-.  Thus,  the  appellant  will  get  a  total

compensation of Rs.21,73,480/- with interest at the rate of 8

per  cent  per  annum from the  date  of  filing  of  the  Claim

Petition.

4. The  Appeal  is  allowed  to  the  above  extent.  Pending

applications, if any, shall stand disposed of.

5. There shall be no order as to costs.

.......................J.         (KURIAN JOSEPH)

.……………………J.                   (R. BANUMATHI)

New Delhi; September 7, 2017.   

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