Victim employed but income not proved
Motor Vehicles Act, 1988 (59 of 1988), Section 166 - Where the victim is proved to be employed but claimants are unable to prove the income - Assessment of monthly income - Preserving the existing standard of living of a deceased’s family is a fundamental endeavour of motor accident compensation law - Claimants have been unable to produce any document evidencing the deceased’s income nor established his employment as a teacher – That doesn’t justify adoption of the lowest tier of minimum wage while computing his income - Deceased was comparatively more educationally qualified and skilled - Further, he maintained a reasonable standard of living for his family as evidenced by his use of a motorcycle for commuting - Minimum wage of Rs 6197 as applicable to skilled workers (instead of labourer) during April 2014 in the State of Haryana ought to be applied. #2021 SCeJ 001
Also : Once the victim has been proved to be employed at some venture, the necessary corollary is that they would be earning an income. (N.V. Ramana, J.) #2021 SCeJ 001