Ramswarup Soni vs Chabilal Lakhera
2023 Latest Caselaw 5440 MP

                             1              M.A. No.226/2020


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                ON THE 1st OF APRIL, 2023
               MISC. APPEAL No. 226 of 2020
BETWEEN:-

1.    RAMSWARUP      SONI   S/O   SHRI
      RAMSEVAK SONI, AGED ABOUT 48
      YEARS, R/O VILLAGE GAURAHARI, P.S.
      AND TAHSIL CHARKHARI, DISTRICT
      MOHOBA (UTTAR PRADESH)



2.    SMT. DROPADI DEVI W/O SHRI
      RAMSWARUP SONI, AGED ABOUT 44
      YEARS, R/O VILLAGE GAURAHARI, P.S.
      AND TAHSIL CHARKHARI, DISTRICT
      MOHOBA (UTTAR PRADESH)



3.    AMIT KUMAR S/O SHRI RAMSWARUP
      SONI, AGED ABOUT 22 YEARS, R/O
      VILLAGE GAURAHARI, P.S. AND TAHSIL
      CHARKHARI,    DISTRICT    MOHOBA
      (UTTAR PRADESH)



                                            .....APPELLANTS
(BY SHRI JEETENDRA KUMAR DIXIT- ADVOCATE)

AND

1.    CHABILAL LAKHERA S/O SHRI R.D.
      LAKHERA, AGED ABOUT 45 YEARS, R/O
      GHUSHYANA MUHALLA, CHHATARPUR
      PRESENT R/O VISHWANATH COLONY,
      P.S. CITY KOTWALI CHHATARPUR,
      DISTRICT CHHATARPUR (MADHYA
      PRADESH)
                                    2                     M.A. No.226/2020


     (DRIVER IN TRUCK KRAMANK M.P.16H/0524)



2.   MUKESH KUMAR GHANGHORIYA S/O
     G.D GHANGHORIYA, AGED ABOUT 46
     YEARS, R/O BUS STAND CHHATARPUR
     HAL MU. MAIN ROAD SHRINAGAR P.S
     SHRINAGAR TAHSIL & DISTRICT
     MAHOBA (UTTAR PRADESH)

     (OWNER OF TRUCK NO. M.P.16H/0524)



3.   BRANCH MANAGER OF THE NEW INDIA
     INSURANCE    COMPANY     LIMITED
     BRNACH    OFFICE   BUNDELKHAND
     BUILDING     JAWAHAR       ROAD,
     CHHATARPUR, DISTRICT CHHATARPUR
     (MADHYA PRADESH)

     (INSURANCE COMPANEY OF TRUCK NO. M.P.16H/0524)



                                                       .....RESPONDENTS
(BY SHRI VIVEK SHUKLA- ADVOCATE FOR RESPONDENT NO.3 )
      This appeal coming on for admission this day, the court passed the

following:

                                 JUDGMENT

This miscellaneous appeal under Section 173 (1) of the Motor Vehicle Act, 1988 has been filed against the award dated 22.10.2019 passed by Member, Motor Accident Claims Tribunal, Chhatarpur, District Chhatarpur in M.A.C.C. No.478/2017.

2. Since the factum of accident is not in dispute, therefore, it is suffice to mention here that on 30.03.2017, the deceased Himanshu Soni aged about 19 years lost his life in a vehicular accident.

3. Challenging the quantum of compensation awarded by the Claims Tribunal, it is submitted by the counsel for the appellants that the Claims Tribunal has wrongly assessed the notional income of the deceased as Rs.4,000/- per month whereas as per the notification issued under the Minimum Wages Act, the minimum wages of an unskilled labourer on the date of the accident were Rs.6,950/- per month. It is further submitted that although the deceased was aged about 19 years but the multiplier of 14 has been applied whereas the multiplier of 18 should have been applied. It is further submitted by the counsel for the appellants that the deceased was running a coaching classes as he was a student of BE.

4. Per contra, the counsel for the respondents has supported the award passed by the Claims Tribunal.

5. Considered the submissions made by the counsel for the parties.

6. The counsel for the appellants is right in making a submission that the notification issued under the Minimum Wages Act can be a guiding factor for ascertaining the notional income of the deceased and on the date of accident, the monthly wages of an unskilled labourer were Rs.6,950/-. Furthermore, the deceased was a bachelor and only the mother can be treated to be legal representative/dependent on the deceased.

7. So far as the contention of the counsel for the appellants that the deceased was running a coaching classes is concerned, the same cannot be accepted. The appellants have not examined even a single student to prove that he was running coaching classes. Even, the appellants were not in a position to disclose the name of the coaching classes. The

deceased was aged about 19 years. He himself was a student and, therefore, it is not acceptable that he was running any coaching classes.

8. Under these circumstances, this Court is of the considered opinion that the contention that the deceased was running coaching classes and was earning Rs.20,000/- per month cannot be accepted. However, the contention of the counsel for the appellants that even otherwise, the monthly wages of an unskilled labourer as per the notification issued under the Minimum Wages Act on the date of accident were Rs.6,950/- is acceptable. Further, only the appellant No. 2- Smt. Dropadi Devi can be treated as dependent upon the deceased, however, the appellant No. 1 is entitled for consortium.

9. Accordingly, the appellants are entitled for following compensation award.

S.No. Heads                                        Amount
1.     Monthly Minimum Wages                       Rs. 6,950/-
2.     Future Prospects                            Rs. 2,780/-
3.     Monthly Income + Future Prospects           Rs. 9,730/-
4.     Yearly Income                               Rs.1,16,760/-
5.     Personal Expenses @ ½                       Rs. 58,380/-
6.     Multiplier of 18                            Rs. 10,50,840/-
7.     Funeral Expenses                            Rs. 15,000/-
8.     Loss of Estate                              Rs. 15,000/-
9.     Consortium (Rs. 40,000/- X 2)               Rs.80,000/-
10.    Total                                       Rs.11,60,840/-
11.    Awarded by Claims Tribunal                  Rs. 5,00,400/-



12.       To be enhanced by                        Rs. 6,60,440/-

          (Rs. 11,60,840 - Rs.5,00,400)

10. As the appeal has been valued at Rs.10,00,000/- and Court Fees of Rs.25,000/- has been paid, accordingly, the compensation is enhanced by a further amount of Rs.6,60,440/-. The other conditions of the award shall remain the same.

11. With aforesaid modification, the award dated 22.10.2019 passed by Member, Motor Accident Claims Tribunal, Chhatarpur in M.A.C.C. No.478/2017 is hereby affirmed.

12. The appeal succeeds and is hereby allowed to the extent mentioned above.

(G.S. AHLUWALIA) JUDGE ashish

ASHISH KUMAR LILHARE 2023.04.01 18:00:30 +05'30'