Motor Accidents Claim – Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate

Case: Chandra @ Chanda versus Mukesh Kumar Yadav and others

Coram: Justice Subhash Reddy and Justice Hrishikesh Roy

Case No: Civil Appeal No. 6152 Of 2021

Court Observation: “In absence of salary certificate the minimum wage notification can be a yardstick but at the same time cannot be an absolute one to fix the income of the deceased. In absence of documentary evidence on record some amount of guesswork is required to be done. But at the same time the guesswork for assessing the income of the deceased should not be totally detached from reality”

“In absence of documentary evidence on record some amount of guesswork is required to be done. But at the same time the 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 Shivpal, same does not justify adoption of lowest tier of minimum wage while computing the income”

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Keywords

Motor Accidents Claim, Minimum Wage, Deceased Salary Certificate