Madhya Pradesh High Court
Chhitari vs Balraj on 14 February, 2023
Author: Gurpal Singh Ahluwalia
1 M.A.No.1739/2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 14th OF FEBRUARY, 2023
MISC. APPEAL No. 1739 of 2022
BETWEEN:-
1. CHHITARI W/O LATE AJAB RAO KAVDETI,
AGED ABOUT 47 YEARS, OCCUPATION:
HOUSEWIFE R/O CHILHATI TEH. MULTAI
DISTRICT- BETUL, M.P. (MADHYA
PRADESH)
2. DEEPIKA D/O LATE AJAB RAO KAVDETI,
AGED ABOUT 19 YEARS, R/O CHILHATI
TEHSIL MULTAI DISTRICT BETUL M.P.
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ASHISH AGRAWAL - ADVOCATE)
AND
1. BALRAJ S/O NAMDEV KOKADE, AGED
ABOUT 31 YEARS, OCCUPATION: DRIVER
(OWNER OF OFFENDING VEHICLE
TRACTOR MH 13 BR 3783) R/O GADARA
TEH MULTAI DISTRICT- BETUL, M.P.
(MADHYA PRADESH)
2. VISHNU DAS S/O JAIKISHAN RATHI R/O
MGM HOUSE FIRST FLOOR BUDHWAR
PETH SOLAPUR MAHARASHTRA (OWNER
OF OFFENDING VEHICLE TRACTOR MH-
13-BR-3783) (MAHARASHTRA)
3. ROYAL SUNDARAM GENERAL INSURANCE
Signature Not Verified
Signed by: VINAY KUMAR
BURMAN
Signing time: 15-Feb-23
7:14:10 PM
2 M.A.No.1739/2022
CO. LTD. BHOPAL M.P. NAGAR BHOPAL
M.P. (INSURANCE CO. OF OFFENDING
VEHICLE TRACTOR MH-13-BR-3783)
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJKUMAR DUBEY - ADVOCATE FOR THE RESPONDENTS NO.1 AND2 )
(SHRI T.S. LAMBA - ADVOCATE FOR THE RESPONDENT NO.3)
This appeal coming on for admission this day, the court passed the
following:
ORDER
This miscellaneous appeal under Section 173 of the Motor
Vehicle Act has been filed against the award dated 25.01.2022 passed
by the Member of First Additional Motor Accident Claims Tribunal,
Multai, District Betul in MCC No.91/2019 for enhancement of
compensation amount.
Since the factum of incident is not disputed, therefore it is suffice
to mentioned that the deceased who was a laborour aged about 22
years met with vehicular accident on 23.04.2019 at about 6:00 PM. As
a result, he died on the spot.
It is submitted by the counsel for the appellant that the Tribunal
has wrongly assessed the notional income of the deceased as
Rs.6,000/- whereas as per the Notification issued under Minimum
Wages Act, the monthly income of the unskilled laborour is Rs.7,700/-.
It is further submitted that in the light of the judgment passed by the
Supreme Court in the case of National Insurance Company v.
Pranay Sethi and others, reported in (2017) 16 SCC 680 The loss of
Signature Not Verified
Signed by: VINAY KUMAR
BURMAN
Signing time: 15-Feb-23
7:14:10 PM
estate as well as funeral expenses and the consortium is liable to be
enhanced.
Heard the learned counsel for the parties.
The counsel for the appellants is right that for ascertaining the
notional income, the notification issued under Minimum Wages Act
can be considered. Accordingly, the appellants are entitled for the
following compensation amount.
Sr.No. Head Amount
(1) Monthly Income Rs.7,700/-
(2) Future Prospects @ 40% Rs.3080/-
(3) Monthly Income Rs.10,780/-
(4) Yearly Income Rs.1,29,360/-
(5) Personal Expenses 1/2 Rs.64,680/-
(6) Multiplier of 18 Rs.11,64,240/-
(7) Funeral Expenses Rs.15,000/-
(8) Loss of Estate Rs.15,000/-
(9) Consortium Rs.40,000/-
Total Compensation Rs.12,34,240/-
Tribunal Rs.10,58,200/-
Enhanced by Rs.1,76,040/-
Thus, the award is enhanced by further sum of Rs.1,76,040/-.
The order condition of award shall remain the same.
With the aforesaid modification, the award dated 25.01.2022
passed by the Member of First Additional Motor Accident Claims
Signature Not Verified
Signed by: VINAY KUMAR
BURMAN
Signing time: 15-Feb-23
7:14:10 PM
Tribunal, Multai, District Betul in MCC No.91/2019 is hereby
affirmed.
The appeal succeeds and is hereby allowed to the extent
mentioned above.
(G.S. AHLUWALIA)
JUDGE
vinay*
Signature Not Verified
Signed by: VINAY KUMAR
BURMAN
Signing time: 15-Feb-23
7:14:10 PM
