Deceased having Heavy vehicle driving licence – Minimum wages – Oral evidence – Value of -- Wife 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 has fixed the monthly income of the deceased by adopting minimum wage notified for the skilled labour in the year 2016 – Held, in absence of salary certificate the minimum wage notification can be a yardstick 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 -- Merely because claimants were unable to produce documentary evidence to show the monthly income of 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.

(SC) Decided on: 01.10.2021

Compensation in motor vehicle accident case – Income Tax Return -- It is only on the basis of the said ITR that the income of the deceased and the consequent loss of dependency to the claimants, has been assessed by the Tribunal -- If the insurance company had any proof that before this year the deceased, who was self-employed, was not earning this much of money, then the insurance company was free to lead anything in evidence to that effect -- Court did not find any illegality in the findings recorded by the Tribunal; in this regard.

(P&H HC) Decided on: 06.09.2021

Income Tax Return -- It is only on the basis of the said ITR that the income of the deceased and the consequent loss of dependency to the claimants, has been assessed by the Tribunal -- If the insurance company had any proof that before this year the deceased, who was self-employed, was not earning this much of money, then the insurance company was free to lead anything in evidence to that effect -- It is the income of the deceased which he was earning at the time of the death, which is the basis for calculation and grant of the compensation to the dependants; and any earlier lesser income would be totally irrelevant -- Hence, Court did not find any illegality in the findings recorded by the Tribunal; in this regard.

(P&H HC) Decided on: 06.09.2021

Proof of income -- Claim of earning Rs.20,000/- p.m. while working as a Labour Contractor -- Tribunal assessed the income at Rs.12,000/- per month – Held, in absence of documentary evidence, oral evidence, if found worthy of reliance, can be relied upon -- No doubt, the notification, issued regarding linking of minimum wages with Consumer Price Index, is relevant, however, that is not binding, as such, on the Tribunal -- Still further, a Labour Contractor cannot be equated with an unskilled labourer – Tribunal, on appreciation of evidence, has arrived at a finding, High Court in absence of evidence to the contrary, does not find it appropriate to interfere.

(P&H HC) Decided on: 08.12.2020

Perks and allowance of employee -- Perks and allowances payable to the deceased employee benefiting him/his family members have to be included in computation of his monthly income and amounts deducted on account of HRA, CCA, Medical Allowance, EPF, GIS, LIC, re-payment of loan etc. are not liable to be excluded in such computation of his monthly income -- Tribunal was required to make statutory deduction of income tax from gross salary of the deceased for assessment of his income.

(P&H HC) Decided on: 17.09.2020

Income tax return – Proof of -- Deceased aged 35 years – Five dependents – A photocopy of the original ITR for the year 2006-07, bearing the rubber stamp of the Income Tax Department shows that the date of filing the ITR was prior to the death of the deceased -- Hence, the High Court was not justified in disregarding the ITR for the year 2006-07 while assessing the income of the deceased -- ITRs for the assessment years 2005-06 and 2006-07 reflects the income of approximately Rs. 1,00,000 p.a. made basis for computing the compensation.

(SC) Decided on: 16.06.2020

Minimum wages -- Deceased about 40 years aged was working as a Scrap Dealer resident of Kaithal, Haryana -- Accident took place on 28.08.2018, in this part of the country, a unskilled construction labourer charges more than Rs.400/- per day – Rs.12,000/- p.m. assessed by MACT, upheld.

(P&H HC) Decided on: 17.02.2020

Minimum wages -- Deceased was aged 23 years at the time of the accident -- Employed in a proprietary concern on a monthly salary of Rs.9600/- -- Sole proprietor of the concern was examined and the salary certificate was marked -- Tribunal specifically recorded a finding that there was no reason to discard the testimony – High Court proceeded to take the minimum wages paid for the unskilled workers at the relevant point of time as the benchmark – Held, High Court ought not to have chosen a theoretical presumption relating to the minimum wages fixed for unskilled employment -- Interference made by the High Court with the findings of the Tribunal with regard to the monthly income of the deceased, was uncalled for -- Order of High Court set aside and award of the Tribunal restored.

(SC) Decided on: 08.01.2020

Death of student -- Deceased was 15 years and about 7 months old and was a student of 9th class -- Taking a clue from notification issued by the State of Haryana fixing minimum wage at the relevant time coupled with educational qualification of the deceased, income of deceased is assessed at Rs. 4800/- per month.

(P&H HC) Decided on: 14.11.2019

No income proof -- State of Haryana fixed minimum wage vide notification at the relevant time, income of the deceased is assessed at Rs.6000/- per month.

(P&H HC) Decided on: 26.09.2019

Minimum wages – Income above minimum wages -- High Court took income of deceased to be Rs. 6,000, which is marginally above the minimum wage of an unskilled worker at Rs. 5,342/- -- Finding affirmed.

(SC) Decided on: 18.09.2018

Bachelor/Deceased was aged 20 years in 2008 and was pursuing C.A. – Assessment of income of Rs. 6,000/- p.m sustained.

(SC) Decided on : 19.01.2018

Permanent disability -- In case of permanent disability, the compensation towards permanent disability as well as loss of earning capacity on account of said permanent disability have to be assessed independently – Determination of compensation for loss of earning capacity on the basis of multiplier method is proper -- In determination of compensation, some guess work and hypothetical considerations based on sympathy can be worked out, but ultimate determination has to be considered with some objective standards -- Endeavor should be to award just compensation keeping in view the sufferings of the injured person.

(P&H HC) Decided on: 19.09.2017

Permanent disability to the tune of 12% -- Income of the injured was assessed to be Rs.4500/- per month -- Monthly loss to the income of the injured to the tune of 12% was assessed to be Rs.540/- i.e. Rs.6480/- per annum.

(P&H HC) Decided on: 19.09.2017

Welder-employee deceased -- Simply because minimum wage rate prevalent at the time of accident in the State of Punjab was to the tune of Rs.4000/-, does not mean that deceased was not earning more than the minimum wage rate -- From the evidence on record it is established that deceased was working as a Welder on a monthly salary of Rs.6500/- per month – Income assessed to the tune of Rs.6000/- per month by the Tribunal, requires no interference.

(P&H HC) Decided on: 09.01.2017

Income tax returns downloaded from internet – Whether secondary evidence -- Income tax officer stated as PW that now no signed return is required to be filed by an assessee -- Return is filed online and the reports Ex.P13 to Ex.P16 have been processed and finalized by the department – Held, merely because the returns were downloaded from the internet would not make them secondary evidence -- Returns proved in due process of law and the documents were very much admissible in evidence – Income of deceased taken as per ITR.

(P&H HC) Decided on: 27.05.2016

Statement of widow that her husband was earning Rs.3200/- p.m. after deducting his personal expenditure does not mean that income of deceased was not upto Rs.40,000/- -- Income of the deceased assessed as Rs.3200/- per month i.e. Rs.38,400/- per annum.

(P&H HC) Decided on: 11.05.2016

Deceased had set up a milk chilling center and had been operating the same -- As per the chart circulated by the Labour Department, Punjab, the minimum income for the highly skilled upper labourer comes to Rs.3,304/- -- Ends of justice would be adequately met, in case, the income of the deceased is assessed at Rs.4,000/- per month.

(P&H HC) Decided on: 17.03.2016

No income proof -- Deceased aged 32 years – Date of accident 4.2.2009 -- In the absence of income proof income taken as Rs.3500/- and making provision for future increase, the average income is taken as Rs. 4550/-.

(P&H HC) Decided on: 15.03.2016

Agriculturist deceased -- Accident dated 10.12.1998 -- Deceased was an agriculturist and was managing his agricultural land himself, the income of the deceased was rightly assessed as Rs.3,000/- per month.

(P&H HC) Decided on: 14.03.2016

Carpenter deceased -- Tribunal assessed the income of the deceased at Rs.4200/- per month is inadequate being less than the minimum wages -- At the age of the deceased the amount fixed at minimum wage at least deserves to be granted -- Accordingly, the income of the deceased is assessed at Rs.4400/- per month.

(P&H HC) Decided on: 14.03.2016

Household lady aged about 45 years – Accident dated 10.12.1998 -- Services rendered by a housewife cannot be less valued than what a daily wager can earn -- Considering the relevant facts the income of the deceased is assessed as Rs.1500/- per month.

(P&H HC) Decided on: 14.03.2016

Bachelor deceased – Presumed to be 18 year old at the time of death -- Monthly income of deceased was assessed as Rs.3000/- per month.

(P&H HC) Decided on: 20.11.2015

Permanent disability -- Appellant had suffered permanent disability to the extent of 75% and he was awarded compensation with respect to the bills only – Salary assessed as Rs.10000 per month, Annual Salary came to be Rs.1,20,000/- -- 50% added towards Future Prospects (23 years of age) 120000 + 50% = Rs.1,80,000/- -- Disability 75% Rs.180000 X 75% = Rs.1,35,000/-.

(P&H HC) Decided on: 16.11.2015

Carpenter deceased -- Treated as a labourer and his income was assessed at Rs.4,500/- per month.

(P&H HC) Decided on: 06.11.2015

Carpenter deceased -- Evidence shows deceased was a Carpenter by profession -- Tribunal has not held that he was not a Carpenter -- Tribunal has wrongly assessed the income of the deceased at Rs.3,000/- -- Even if the income of the deceased is to be taken as a labourer, even then his income has been assessed on lower side -- Income of the deceased assessed at Rs.4,500/- per month.

(P&H HC) Decided on: 08.05.2015

Injury to Doctor with 60 % disability – Monthly income assessed at Rs. 25,000/- -- By considering the fact that 60% permanent disability and over all injuries caused, there is a loss of working capacity to the said extent.

(SC) Decided on: 20.02.2015

55% disability of driver – Contention of the respondent Insurance Company that the appellant could take up any other alternative employment is no justification to avoid their vicarious liability.

(SC) Decided on: 18.02.2015

Housewife -- Deceased was a housewife and a home maker – Taking deceased as the home maker, it is reasonable to fix her income at Rs.3,000/- per month.

(SC) Decided on: 03.02.2015

Salary certificate of Pvt. Firm -- No proof that the deceased was working in a private firm as Accountant with monthly salary of Rs.4500/- -- Witness appeared from some firm and stated that the deceased was working with them and brought the salary certificate which was produced as Ex.P1 -- However, no record of the firm was produced to show that the deceased was appointed by the firm and was being paid salary regularly -- Merely preparing a document as salary certificate and producing it would not be sufficient proof of salary -- Tribunal rightly discarded the evidence and held that deceased was a labourer and took his income according to the wages prevalent at that time.

(P&H HC) Decided on: 15.01.2015

No proof of income -- No evidence to show that the deceased had an income of Rs.20,000/- per month – Considering him labourer, the minimum wages in Punjab in 2011 were Rs.4,108/- per month.

(P&H HC) Decided on: 12.01.2015

Medical Student – Future income assessed at Rs. 25,000/-.

(SC) Decided on: 25.09.2014

No proof of income -- Claimants could not prove on record the income of deceased to be Rs.7,000/-, per month -- Accident pertains to the year 1989, therefore, the amount of Rs.3,000/- per month assessed by the learned Tribunal cannot be said to be on the lower side.

(P&H HC) Decided on: 19.03.2014