Madhya Pradesh High Court
Jeetan Singh Gond vs Gulab Singh Vaish on 25 March, 2025
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1
IN IN THE HIGH COURT OF MADHYA
PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
MISCALLNEOUS APPEAL No.2539 of 2016
JEETAN SINGH GOND & OTHERS.
Versus
GULAB SINGH VAISH & ORS
Appearance:-
................................................................................................
Shri Rajrishi Nagayach - Advocate for the appellants.
Shri T.S. Lamba - Advocate for the respondent
No.3/Insurance Company.
.................................................................................
RESERVED ON : 20.03.2025
PRONOUNCED ON : 25.03.2025
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This appeal having been heard and reserved for
judgment, coming on for pronouncement on this day, the court
passed the following:-
ORDER
This appeal has been filed by the claimants/appellants under
Section 173 (1) of the Motor Vehicles Act, 1988 against the award dated
30.06.2016 passed in Claim Case No.14/2015 (Jeetan Singh Gond Vs.
Gulab Singh Vaish) by Additional Member, headquarters Waidhan, to
1st Additional MACT, Singrauli, seeking enhancement of compensation
amount.
2. Learned counsel for the appellants submit that in the instant case,
Tribunal has determined monthly income of the deceased as Rs.2,000/-,
whereas, on the date of accident, minimum wages of an unskilled
labourer was Rs.5,895/- per month. Therefore, learned Tribunal should
have determined deceased's monthly income as Rs.5,895/- per month. It
is urged that the Tribunal has not awarded appropriate amount under the
head of consortium as well as loss of estate and funeral expenses.
Therefore, compensation awarded by the Tribunal be suitably enhanced.
3. Learned counsel for the respondent No.3-Insurance Company
submits that in the instant case, the compensation awarded by the
Tribunal is just and proper and no enhancement is required. Hence,
appeal is liable to be dismissed.
4. Heard learned counsel for the parties and perused record of the case.
5. So far as income of deceased is concerned, on the date of accident,
the minimum wages of an unskilled labourer were Rs.5,895/- and
deceased was aged 68 years and Tribunal has determined deceased's
monthly income as Rs.2,000/- per month. Looking to the minimum
wages on the date of accident, the deceased's monthly income is
determined as Rs.5,895/- per month. Further, looking to the number of
dependents, 50% is to be deducted for personal and living expenses. In
view of the age of the deceased, no future prospects are required to be
added.
6. Having regard to the age of the deceased, multiplier of 5 has to be
applied. Further, appellant no.1 is entitled for Rs.40,000/- for loss of
consortium as well as Rs.15,000/- for loss of estate and Rs.15,000/- for
funeral expenses.
7. In view of the aforesaid, the compensation amount awarded by the
Tribunal would be recalculated as under:-
S.No. Heads Compensation
1. Monthly Income of deceased 5895 X12=
Rs.70,740/-
2. Multiplier of 5 Rs.3,53,000/-
3. Deduction for personal and living Rs.1,76,850/-
expense
4. Loss of Consortium Rs.40,000/-
5. Funeral Expenses Rs.15,000-
6. Loss of Estate Rs.15,000/-
7. Total compensation Rs.2,40,850-
8. Total compensation awarded by Rs.85,000/-
Tribunal
9. Actual Enhancement Rs.1,61,850/-
8. Hence, compensation awarded by the Tribunal is enhanced by
Rs.1,61,850/-. Thus, appellants are entitled to receive Rs.1,61,850/- as
enhanced compensation.
9. Enhanced amount of compensation shall carry interest at the rate
determined by the Tribunal. Other findings of the tribunal, including
that of application of principle of pay and recover, shall remain intact.
10. Accordingly, appeal filed by appellants is partly allowed to the
extent as indicated hereinabove.
(ACHAL KUMAR PALIWAL)
JUDGE
tarun/vai
