Calculation of Compensation in Road Accidents in the Absence of Documentary Proof of Income of Victim

Calculation of Compensation in Road Accidents in the Absence of Documentary Proof of Income of Victim

In case of Neeta v. Div. Manager [2015] GCtR 6428 (SC) answers the issue as to how to arrive at income of a person when there is no documentary proof of income of the victim of road accident. The principle that emerged here is that documentary evidence is not always necessary to arrive at the income of the victim. 

In that case, it was held that for an accident which occurred in the year 2011, income of Rs. 12,000/- p.m. for the victim was not found excessive or exorbitant even if there is no documentary evidence of income of victim.

On the aspect of interest liability, it was held that claimants will be entitled to 9% interest from the date of filing of claim petition and grant of 8% interest was found to be contrary to law.