Jaipur: Rajasthan High Court has significantly increased the compensation for a motor accident victim’s family from Rs 3.52 lakh to Rs 18.53 lakh. The decision came after the court emphasised that income tax returns should not be dismissed simply because computation sheets were not filed.Justice Farjand Ali, in an order pronounced on Oct 29, ruled that income tax returns for two consecutive assessment years were “relevant documentary evidence” and must be weighed along with oral testimony about the deceased’s work and earnings.The matter relates to a road accident on Nov 10, 2009, in which 28-year-old Pawan Kumar Agarwal died after a collision involving a truck. His father, Mahaveer Prasad, approached the Motor Accident Claims Tribunal (MACT), Bikaner, seeking compensation. In its Oct 28, 2014 award, the tribunal granted Rs 3,52,648, calculating the deceased’s monthly income at a modest Rs 4,316 on the basis of minimum wages.Appearing for the claimant, counsel Shivangi Pathak told the high court that Agarwal ran a business dealing in papad, bhujiya and badi and earned about Rs 1.5 lakh annually.The high court said the missing computation sheets were not, by themselves, enough to discard the returns. “The documentary evidence had to be considered along with the father’s testimony and the fact that the deceased was engaged in an established business,” the court said, assessing Agarwal’s annual income at Rs 1,48,682.Applying a 40% addition towards future prospects in line with Supreme Court’s ruling in National Insurance Co. Ltd. v. Pranay Sethi, the court noted the deceased was self-employed and below 40 years of age. Using a multiplier of 17 and deducting 50% for personal expenses, the court computed loss of dependency at Rs 17.69 lakh. It further granted Rs 48,000 towards filial consortium, Rs 18,000 for funeral expenses and Rs 18,000 for loss of estate.The court fixed total compensation at Rs 18,53,315, enhancing the award by Rs 15,00,667. “The enhanced amount will carry interest at 8% per annum from March 30, 2010, the date of filing of the claim petition, until realisation, subject to applicable adjustments,” the court said.
