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Chandra @ Chanda @ Chandraram v. Mukesh Kumar Yadav

Motor Vehicles Act, 1988 – Section 166 – Income of the Deceased – 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. Merely because claimants were unable to produce documentary evidence to show the monthly income, same does not justify adoption of lowest tier of minimum wage while computing the income. There is no reason to discard the oral evidence of the wife of the deceased who has deposed that the was earning around Rs.15000/­ per month.