final year B.E. computers student and the claim of his mother for compensation. The Division Bench observed that while no amount of money can compensate the loss of life, the Tribunal should award just and reasonable compensation to place the parents or wife or children of the deceased in the same position in which they would have lived had the deceased not died in the accident. Referring to various precedents on this aspect, achievement of substantial justice irrespective of technicalities and procedures was stated to be the desired objective and while noting that guess work becomes inevitable in determining the income of the students who were about to complete their courses of study, the Division Bench observed that though it cannot be definitely ascertained about what the deceased in such cases would have earned or would have contributed to the dependents or what employment would they have got, it would be rational to say that the deceased would have got employed basing upon his qualifications like similarly situated contemporaries. The Division Bench, therefore, considered that apart from taking the minimum wages fixed by the relevant statute in respect of workmen and employees, it can be considered that the minimum salary of a technical person, who is holding a Bachelor Degree in computers or electronics or mechanical, can be taken as Rs.12,000/- per month and the Division Bench directed that the income of such graduates cannot be fixed at less than Rs.12,000/- per month, as otherwise it amounts to neglecting the ground reality. The Division Bench also directed that 10 per cent per year can be deducted out of such notional income in respect of the students studying III year or II year, as the case may be.
