Rajasthan High Court says it’s unfair to calculate income based on minimum wages for unskilled workers. They also increased the compensation for the death of an 18-year-old in a motor accident.
The Rajasthan High Court increased the compensation for the death of an 18-year-old boy in a motor accident. The court noted that calculating his income based on minimum wages for unskilled labor was not reasonable. The appellant appealed to the Jodhpur Bench of the High Court against the Motor Accident Claims Tribunal’s decision, which awarded Rs 8,04,000 with 8% interest to the claimant. Justice Rekha Borana of the Single Judge Bench stated that while no supporting documents were provided, the court recognized that the deceased was only 18 and had great potential for a successful future. Thus, using minimum wages for unskilled labor to calculate his income was not justified.
The accident occurred on May 21, 2013, when the boy was 18. The appellant argued that the Tribunal wrongly set his income at Rs 150 per day based on unskilled labor wages, while the deceased worked at a thermal plant earning Rs 8,000 monthly. The appellant also claimed that given the boy’s age, his wages should have been considered at least at a semi-skilled level. However, the Insurance Company argued that there was no evidence to show the boy was employed or earning money. The claimant admitted during cross-examination that her son was a student and did not provide any documents to prove his income.
The Bench acknowledged that the deceased was only 18 years old and noted that the claimant stated in her affidavit that he worked as a mechanic at Suratgarh Thermal Plant. While there was no supporting document for this claim, the Court emphasized that the deceased, being so young, had great potential for success and a promising future. Therefore, calculating his income based on minimum wages for unskilled labor was deemed unreasonable. The High Court then determined the deceased’s income using the minimum wage for semi-skilled labor at that time. According to a government notification, the minimum wage for semi-skilled labor on January 1, 2013, was Rs 176 per day, leading to a monthly income of Rs 5,280. Consequently, the Bench partially granted the appeal and increased the compensation by Rs 1,41,360, setting the total compensation amount to be paid by the Tribunal at Rs 9,45,360.
Cause Title: Smt. Gurvinder Kaur v. The New India Insurance Company Ltd [Neutral Citation: 2024:RJ-JD:46296]
Appearance:
Petitioner: Advocates Ravi Panwar & Amit Pareek
Respondent: Advocate Dinesh Kumar Joshi