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

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.

In doing so the court further underscored that the computation should have been made based on wages of a semi-skilled labour.

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. 8000 per month. 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.

On the contrary, the counsel for the respondent Insurance Company argued that no evidence was available on record to show that the deceased was employed anywhere or was earning any amount, rather the mother of the deceased, in her cross-examination had specifically admitted that the deceased was a student.

After hearing both the sides, the Court aligned with the arguments put forth on behalf of the claimants, and held that,

“True it is that no document in support of the said statement/evidence has been placed on record but then this Court cannot lose sight of the fact that the deceased was just 18 years of age and hence, had a huge possibility of excelling in life and a bright future. 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.

Accordingly, the petition was decided.

Title: Smt. Gurvinder Kaur v Bhanwara Ram & Ors.

Citation: 2024 LiveLaw (Raj) 445

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