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Supreme Court of India 2021-10-01 partly_allowed

Chandra @ Chanda @ Chandraram & Anr vs Mukesh Kumar Yadav & Ors

Bench: 2 — R. Subhash Reddy

In Brief

The parents of a deceased heavy vehicle driver killed in a motor accident challenged the tribunal's compensation award. The tribunal had computed the deceased's monthly income at Rs.5,746 (the minimum wage for skilled labour) despite oral evidence from the deceased's wife that he earned Rs.15,000 per month. The Supreme Court held that absence of a salary certificate does not justify adopting the lowest minimum wage tier. The Court reasonably estimated the income at Rs.8,000 per month, and awarded the parents additional compensation for loss of dependency and parental consortium, overruling the tribunal's finding that living separately disqualified them as dependents.

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Motor Vehicles Compensation Road Accident Loss of Dependency Consortium

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