2025InsuranceLatestLegalMay 2025Supreme Court

Accident – Compensation – Truck driver – Considerations to determine Income

The appellants are legal representatives of widow, three minor children and parents of the truck driver who was hit by another truck while boarding his truck.

The Tribunal awarded Rs.23,07,000/- adopting salary of Rs.10,000/- by deducting 1/3rd for personal expenses and 3/4th of income as future prospects.

The High Court, however, reduced the income to Rs.4,076/- adopting minimum wages for a driver @Rs.5,434/- with 40% future prospects.  Thus, the reduced compensation of Rs.12,34,105/- was granted.

HELD that even a coolie would get an income of Rs.4,500/- p.m. in the year 2004 and with incremental increase of Rs.500/- per year would be entitled to get almost Rs.10,000/- in 2014.    Therefore, the wages of Rs.10,000/- per month determined by the Tribunal must necessarily be accepted.

Judgment dated 15.5.2025 of the Supreme Court in SLP [Civil} No.10822 of 2021 Hansa Devi and others   Vs.  SBI General Insurance Company Limited and another

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