The deceased was a 25-year-old healthy person. He was stated to be working as a contractor and was earning ₹50,000 per month.
While calculating the compensation to be awarded, the tribunal took the income of the deceased to be ₹25,000 month after taking note of the monthly instalment of ₹11,550 per month being paid by him towards a tractor loan from March 10, 2014 onwards. The entire loan liability was discharged by March 24, 2015 with payment being made even after his death.
Keeping in view of the above situations, the MACT assessed the monthly income of the deceased to be ₹25,000 per month.
However, the High Court was of the view that mere fact that the deceased had paid instalments of the loan could not itself be an evidence that the money actually represented his income or can form the basis for assessment of income of the deceased at ₹25,000.
Taking into consideration the notification issued by the State of Haryana, fixing minimum wage at the relevant time, the High Court assessed the income of the deceased at ₹7,000 per month, and on this premise, the compensation granted to the appellants was reduced.
Source: Barandbench
