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30. In the case of Govind Yadav V. The New India Insurance Company Limited and another9, again, the Apex Court has reiterated the importance of the Minimum Wages Act in assessing the notional income of the deceased, who had no proof of income.

31. Further, in yet another decision in the case of Ningamma and another V United India insurance Company Limited10, the Apex Court has referred to the Minimum Wages Act, in assessing the notional income of the deceased and to arrive at a just compensation when the petition was filed under Section 166 of the Motor Vehicles Act.

(2015) 12 SCC 688, (2011) 10 SCC 683 (2009) 13 SCC 710

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32. Thus, it is evident from the above decisions that the Apex Court has shown a continuous and consistent trend that the Minimum Wages Act, provide for a source by which the notional income of the deceased, who had no valid proof of income could be assessed. It is worth to note that the Minimum Wages Act prescribed a method under which the income of a skilled, unskilled, semiskilled and skilled worker can be considered. It acts as a basis for various other purposes and even under the Workmen's Compensation Act. Therefore, the notional income of a deceased who did not have a valid proof of income can very well be guided by the wages fixed under the Minimum Wages Act and it is for the Tribunal to consider whether he was a skilled, unskilled, semiskilled or unskilled labourer. The range of the wages between highly skilled and unskilled labourer may have to be considered by the Tribunal while assessing the income of the deceased. The wages under the Minimum Wages Act serve as the guidance and depending on the educational, economic conditions and age, the tribunals have to consider the notional income.

33. Coming to the question whether the guidelines issued by the Legal Services Authority can be considered or not, it is

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pertinent to note that the guidelines, a copy of which is made available to this court, by and large are on the same lines as fixed under the Minimum Wages Act, for settlement of the cases before the Lok Adalath, which is on the basis of the mutual agreement between the parties, shuts down all the approaches for a re- assessment of the compensation by the appellate Courts. Considering this aspect, a slightly higher wages have been set down as guidelines and we do not see any reason to have any qualms with the same. However, such guidelines cannot take the place of a statutory guidelines and therefore, we hold that it would be proper to rely on the wages fixed under the Minimum Wages Act and the Tribunal has to consider the minimum wages prescribed under the Minimum Wages Act, as a guideline and assess whether the deceased was a skilled or unskilled labourer. The range of a highly skilled labourer and unskilled labourer could be considered by the Tribunals, if there is no other proof of income. We hasten to add that the notional income cannot be adopted, with precision, as prescribed under the Minimum Wages Act also, but it acts as beacon only.

35. The guidelines fixed by the Legal Services Authority for the year 2011 is, "Rs.5,500/- to Rs.6,500/-"; and for the year 2013,

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is "Rs.7,000/- to Rs.8,000/-". As observed above, it is slightly higher than the income prescribed under the Minimum Wages Act.

36. Coming to the case on hand, the deceased Sudhakar was working as a loader and it can be said that he was a skilled worker. The accident occurred in the year 2011. The minimum wage prescribed under the Minimum Wages Act, is, "Rs.5,499/- for unskilled to Rs.6,799/- for high skilled for the year 2013". Therefore, the income of the deceased is taken at Rs.6,000/- per month by considering the fact that accident was in 2011 and it was in Bangalore which is in Zone-I.