FIXATION OF INCOME OF DRIVER OF HEAVY MOTOR VEHICLE IN THE ABSENCE OF DOCUMENTARY EVIDENCE IN MOTOR VEHICLE ACCIDENTS CLAIMS.

 

FIXATION OF INCOME OF DRIVER OF HEAVY MOTOR VEHICLE IN THE ABSENCE OF DOCUMENTARY EVIDENCE IN MOTOR VEHICLE ACCIDENTS CLAIMS.

     In fixation of monthly income in absence of documentary evidence, minimum wages notification, though can be a yardstick, not absolute one. Some amount of guess work required to be done. A sum of Rs.8000/ has been fixed as income for a heavy vehicle drive who possessed driving license to drive that vehicle. This aspect has been clearly discussed in 2021 (2) TNMAC 498 (SC)

The brief facts of the case are as follows:

The deceased was employed as driver on the vehicle, ie, truck trailor bearing NO. RJ 06 GA 6576. When he was driving the vehicle on 27/2/2016, within the limits of Adarsh Nagar police station, Ajmeer, the vehicle bearing regn.no. RJ 14 GD 1156, driven by the 1^st respondent belonging to the 2^nd respondent and insured with the third respondent, came on the wrong side and rammed into the vehicle of the deceased resulting in the accident, as a result of which he died in the said accident.

It was the case of claimants before the tribunal that deceased  was in possession of heavy vehicle driving licence and was earning Rs.15,000/pm. Apart from the claim on account of loss of dependency, they also claimed compensation on all other conventional heads. The tribunal has held that accident occurred due to rash and negligent driving of the vehicle, driven by the 1^st respondent. The tribunal by taking into account the income of the deceasedat Rs.5,746 per month has awarded a total compensation of Rs.10,99,700/ inclusive of consortium of Rs.40,000/ to the wife and minor child.  The tribunal had merely awarded an amount of Rs.10,000/ each to the appellant – parents, of the deceased.

Mainly it was contended by the learned counsel for the appellants that though the deceased was earning Rs.15,000/pm, being a heavy vehicle driver, the tribunal has awarded compensation on account of loss of dependency by taking the income of the deceased at Rs. 5,746 pm. It is submitted that wife of the deceased, had clearly stated in her deposition that deceased was earning Rs.15,000 pm. It is submitted that in spite of such evidence on record the tribunal has committed error in taking the income of the deceased at Rs.5,746 as per the minimum wage notified to the skilled labour. Further it is submitted that tribunal has committed error in recording a finding that the appellants are not dependants as they were living separately. Lastly it is submitted that appellants are also entitled to compensation under the head of ‘loss of consortium’.

The learned counsel appearing for the third respondent has submitted that in absence of any documentary evidence on record to show the salary of the deceased at Rs.15,000/ pm the tribunal has correctly taken into account the monthly earnings of the deceased at Rs.5,746/. By relying on the judgment of the apex court in the case of Kirti and another  vs  Oriental insurance co ltd., 2021 (2) SCC 166. The learned counsel has submitted that there are no grounds to interfere with the impugned judgment of the high court.

It is the specific case of the claimants that the deceased was possessing heavy vehicle driving license and was earning Rs.15,000/ pm. Possessing such license and driving heavy vehicle on the date of accident is proved from the evidence on the record. Though the wife of the deceased had categorically deposed that her husband was earning Rs.15,000/ pm, same was not considered only on the ground that salary certificate was not filed. The tribunal has fixed by adopting minimum wages notified for the skilled labour in the year 2016. In absence of salary certificate, the minimum wages notification can be a yardstick but at the same time cannot be an absolute one to fix the income of the deceased. In the absence of documentary evidence on record some amount of guesswork for assessing the income of the deceased should not be totally detached from reality. Merely because claimants were unable to produce documentary evidence to show the monthly income of the deceased, same does not justify adoption of lowest tier of minimum wage while computing the income. There is no reason to discard the oral evidence of the wife of the deceased, who had deposed that the deceased was earning around Rs.15,000/pm. In the case of Minu Rout and another Vs Satyaa pradyumna Mohapatra and others, 2013(2) TNMAC (SC) : 2013 (10) SCC 695, the apex court while dealing with the claim relating to  a accident which occurred on 8/11/2004 has taken the salary of the driver of light motor vehicle at Rs.6,000/ pm. In this case, the accident was on 27/2/2016 and it is clearly proved that the deceased was in possession of heavy vehicle driving license and was driving such vehicle on the day of accident. Keeping in mind the erroneous growth of vehicle population and demand for good drivers and by considering oral evidence on record the income of the deceased is taken as Rs.8000/pm, for the purpose of loss of dependency.