Madhya Pradesh High Court
Wd. Arti Yadav vs Mangal Prasad Patel on 22 February, 2024
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 22 nd OF FEBRUARY, 2024
MISC. APPEAL No. 3080 of 2023
BETWEEN:-
1. WD. ARTI YADAV W/O LATE SUKHNAND @ JULI
YADAV, AGED ABOUT 20 YEARS, OCCUPATION:
HOUSEWIFE VILLAGE NOUVASTE, POLICE
STATION CHORHATA, (MADHYA PRADESH)
2. KU. PALAK YADAV(MINOR) D/O LATE
SUKHINAND @ JULI YADAV, AGED ABOUT 3
YEARS, OCCUPATION: MINOR THROUGH LEGAL
GUARDIAN ARTI YADAV VILLAGE NOUVASTE,
POLICE STATION CHORHATA, (MADHYA
PRADESH)
3. WD. GOMTI YADAV W/O LATE RAMBALI YADAV,
AGED ABOUT 60 YEARS, OCCUPATION:
HOUSEWIFE VILLAGE NOUVASTE, POLICE
STATION CHORHATA, (MADHYA PRADESH)
.....APPELLANT
(BY SHRI ARUBENDRA SINGH PARIHAR - ADVOCATE )
AND
1. MANGAL PRASAD PATEL S/O SHRI S.N. PATEL
URRHAT REWA, P.S. SAMAN (MADHYA PRADESH)
2. VEERENDRA VISHWAKARMA S/O SHRI RAMESH
PRASAD VISHWAKARMA OCCUPATION:
BUSINESS R/O NEAR FOOLMATI MANDIR, BUS
STAND, REWA (MADHYA PRADESH)
3. BRANCH MANAGER, NATIONAL INSURANCE
COMPANY LTD. IN FRONT OF NEW BUS STAND
REWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VINOD KUMAR TRIVEDI - ADVOCATE FOR RES. NO.3.)
Signature Not Verified
This appeal coming on for admission this day, th e court passed the
Signed by: LALIT SINGH
RANA
Signing time: 2/24/2024
5:17:20 PM
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following:
JUDGMENT
Heard.
2. This miscellaneous appeal has been preferred by the appellants/claimants for
further enhancement of Rs. 3,00,000/- of the amount awarded by learned 2nd
MACT, Rewa in M.A.C.C. No. 589/2017 whereby MACT has awarded an
amount of Rs. 9,10,900/- along with interest @ 6 % per annum w.e.f.
26.07.2017 to the appellants.
3. The facts necessary for disposal of the present appeal in brief are that on
31.05.2017 at about 8:00 pm, deceased was going to TRD Chouraha Chhijwar
by motorcylce. When he reached near Toshan Trades Shop, respondent No.1
driver of the offending car No. MP-17-D-2189, with rashly and negligently met
with an accident with motorcycle, and due to accident the he fall down from his
motorcycle. In the said accident, deceased sustained grievous injuries and due
to which he has died.
4. Learned counsel for the appellants submits that income of deceased was
assumed by the learned tribunal at the rate of Rs. 4000/- per month while on the
date of accident, it ought to be Rs. 7125/- per month as per the minimum wage
o f unskilled labour declared under the Labour Act. Therefore, as per the
income of the minimum wage of unskilled labour, the award is to be enhanced.
5. Per contra, Per contra, learned counsel for the respondent No. 3 submits
that proper compensation has been awarded on various heads.
6. Having heard learned counsel for the parties and after perusal of the
award, and fact that income of deceased was assumed by the learned tribunal at
the rate of Rs. 4,000/- per month while it ought to be Rs. 7125/- per month as
per the minimum wage of unskilled labour declared under the Labour Act. As
per taking the income of the deceased as Rs. 7125/- and adding 40% of future
prospects, deducting 1/3 for personal expenses and applying multiplier of 18,
including other heads the amount comes to Rs. 15,40,900/- while tribunal has
awarded amount of Rs. 9,10,900/-. The difference amount is more than Rs.
3,00,000/-. Therefore, the compensation amount may be enhanced up to Rs.
3,00,000/- in favour of the claimants. The calculation for the purpose is not
disputed by the learned counsel for the parties.
7. Accordingly, in addition to the amount awarded by learned 2nd MACT,
Rewa an amount of Rs. 3,00,000/- is hereby enhanced. The other conditions
imposed by learned 2nd MACT, Rewa shall remain intact.
8. With the aforesaid observation, this miscellaneous appeal is disposed off.
9. Interim application(s), if any, shall stand disposed off.
(RAJENDRA KUMAR VANI)
JUDGE
L.R.
