Assessment of income – Deceased having Heavy vehicle driving licence – 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

Assessment of income of deceased – 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

Assessment of income – 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 -- Claimants shall be entitle to addition in income for future prospects @ 40%.

(P&H HC) Decided on: 14.11.2019

Income of deceased -- 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

Deceased, self-employed person aged 37 years -- Minimum wage of Rs. 8,220/- per month taken -- 40% loss of future prospects assessed.

(P&H HC) Decided on: 28.05.2019

Assessment of income -- 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

Injury case – Permanent disability of 10% -- Claimant had suffered disability of 10% -- Functional disability would be less -- In the absence of any evidence, the income of the injured can be taken to be as that of a labourer -- Minimum wages in Haryana in the year 2014 were Rs.7,400/- per month -- Taking the functional disability to be 5%, the loss per month would be Rs.370/- and the amount towards the disability would come to Rs.370 x 12 x 14 = Rs.62,160/- -- Claimant had suffered a fracture which led to the disability and he would have not been able to resume work for at least four months, therefore, an addition of 4 months' salary will have to be made, which comes to Rs.7,400/- X 4 = Rs.29,600/- -- Claimant had been allowed the actual medical expenses, attendant charges, diet, transportation i.e. all other heads -- Amount allowed on the head of pain and suffering and disability can be taken as Rs. 25,000/-.

(P&H HC) Decided on: 17.07.2017

Deceased was employed as a Welder -- 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

Permanent disability to the extent of 44%, and lost hearing power of one ear and vision of right eye – Applying the minimum wages payable to daily wagers, at D.C. Rates, income of the appellant is assessed as Rs.5,000/- per month -- Concededly, the appellant was 36 years of age -- In these circumstances, by applying multiplier of '16', loss of future income would be Rs.5,000 X 12 X 16 = Rs.9,60,000/-, 25% of which comes to Rs.2,40,000/- -- Rs. 50,000/- awarded by Tribunal for pain and suffering is further enhanced by Rs.50,000/-.

(P&H HC) Decided on: 28.05.2016

Trained carpenter deceased -- Future prospects – 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 -- Deceased Vikram was 19 years of age at the time of his death -- Keeping in view the law laid down in Rajesh’s 2013(3) R.C.R. (Civil), 170 (SC), an addition of 50% is ordered in the actual income of the deceased towards future prospects.

(P&H HC) Decided on: 14.03.2016

Claimant-Driver is injured with 100% disability for earning – Appellant aged 30 years was working as a professional driver – Minimum wages as per Government notification taken as Rs. 3500/- per month -- After considering 50% enhancement for future prospects, the compensation for permanent disability can be calculated at (Rs.3,500/- + Rs.1750/-) x 12 x 17 = Rs.10,71,000/- -- Rs. 73,500 for loss of earning (Rs. 3,500/- X 21 months) since the appellant was unable to work for 21 months from the date of the accident till the filing of the claim petition -- Rs.1,50,000/- for the pain and suffering and Rs.1,50,000/- for the loss of amenities and enjoyment of life caused to the appellant due to the accident -- Appellant is in vegetative state of condition and will continue to be so in the future, a sum of Rs.1,00,000/- towards future medical expenses, Rs. 10,000/- for expenses on extra nourishment and Rs. 10,000/- for transportation, which would be just and proper – Rs. 500/- for damages to clothing, Rs. 22,400/- for expense for treatment and Rs.10,000/- for expense for bystander allowed – Amount will be payable with interest @ 9% p.a.

(SC) Decided on: 28.07.2015

Deceased was bachelor aged 18 years – Minimum wages as per Haryana Government taken as Rs.3320/- -- 50% appreciation for future prospects required to be given.

(P&H HC) Decided on: 19.03.2015

Minimum wages method -- As per Minimum Wages Act, 1948, a person employed as a driver earns Rs.128/- per day -- Wage rate as per the minimum wage notification is only a yardstick and not an absolute factor to be taken to determine the compensation under the future loss of income -- It would be just and reasonable to consider the appellant’s daily wage at Rs.150/- per day i.e. Rs.4,500/- per month -- Loss of income during the course of his treatment is awarded as Rs.76,500/- (Rs.4,500 X 17 months).

(SC) Decided on: 18.02.2015

Future prospects -- 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 – Since, the deceased was under 40 years of age, 50% increase has to be allowed towards future prospects – Multiplier applicable would be 16.

(P&H HC) Decided on: 12.01.2015

Deceased Driver holding licence of H.M.V. – Minimum wages taken at Rs. 9,000/-.

(SC) Decided on: 31.10.2014