Madhya Pradesh High Court
Nighat vs Ramdas on 17 October, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:53167
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRADEEP MITTAL
ON THE 17th OF OCTOBER, 2025
MISC. APPEAL No. 3350 of 2022
NIGHAT AND OTHERS
Versus
RAMDAS AND OTHERS
Appearance:
Shri Pravesh Naveriya - Advocate for appellant.
Shri Aditya Krishna - Advocate for respondent.
ORDER
1. This miscellaneous appeal under Section 173(1) of the Motor
Vehicles Act, 1988 has been filed against the award dated 19.04.2022, passed
by the First Additional Motor Accident Claims Tribunal, Fast Track, Betul, in
MACC No. 47/2017.
2. Since the factum of the accident is not in dispute, it would suffice to
state that on 19.05.2016, the deceased Appu@ Aaftab, aged about 28 years,
lost his life in a vehicular accident.
3. Learned counsel for the appellant submits that the Tribunal has erred
in holding that income of the deceased of Rs.5000/-. The deceased was
working as Photographer and on the date of incident i.e. 19.05.2016, the
income of unskilled worker and as per minimum wages guidline the income
of unskilled worker was 6850/- per month. Therefore, the Tribunal should be
applied income of deceased Rs.6850/- per month. The Tribunal has also erred
in holding the dependency expenses ½ whereas the total dependent of
deceased were three person, therefore, Tribunal should be applied 1/3 in
place of ½ . The consortium is also not given by the Tribunal as per the
judgment of Apex Court in Pranay Sethi and Megma.
5. Per contra, learned counsel for the respondents has supported the
award passed by the Claims Tribunal.
6. I have considered the submissions made by learned counsel for the
parties and perused the record.
7. Having considered the submissions made by the learned counsel for
the appellant and upon perusal of the material available on record, this Court
finds merit in the contentions raised and passed the following order by
modifying the award.
Head Awarded by the Tribunal Re-assessed by this Court
Monthly Income ₹5,000/- ₹6,850/-
Add: Future Prospects (40%) ₹2,000/- ₹2,740/-
Total Monthly Income ₹7,000/- ₹9,590/-
Annual Income ₹84,000/- ₹1,15,080/-
Head Awarded by the Tribunal Re-assessed by this Court
Less: Personal Expenses (1/3rd) Rs. 42,000/- Rs.38,360/-
Annual Contribution to Family Rs.42,000/- Rs.76,720/-
Loss of Dependency Rs.7,14,000/- Rs.13,04,240/-
Loss of Consortium (for 2 parents) Rs.40,000/- (lump sum) Rs.80,000/- (₹40,000 x 2)
Funeral & Last Rites Rs.15,000/- Rs.15,000/-
Loss of Estate Rs.15,000/- Rs.15,000/-
Total Compensation Rs.10,24,000/- Rs.14,14,240/-
8. Accordingly, the appeal is partly allowed. The impugned award
passed by the learned Motor Accident Claims Tribunal is modified to the
extent that the appellants/claimants shall be entitled to a total compensation
of Rs. 14,14,240/- (Rupees Fourteen Lakhs Fourteen Thousand Two Hundred
Forty only), in place of Rs. 10,24,000/- awarded by the Tribunal.
9. The enhanced compensation of Rs.3,90,240/- (i.e., Rs. 14,14,240/-
minus Rs.10,24,000/-) shall carry interest at the rate of 7% per annum from
the date of filing of the claim petition till the date of actual realization.
10. The Insurance Company is directed to deposit the enhanced amount
of Rs.3,90,240/- along with accrued interest before the learned Claims
Tribunal within a period of six weeks from the date of receipt of a certified
copy of this judgment.
11. The Insurance Company shall first satisfy the award by depositing
the enhanced amount and interest as directed above, and shall thereafter be
entitled to recover the same from respondent Nos. 1 and 2 (i.e., the owner and
driver of the offending vehicle), in accordance with law.
12. Upon such deposit, the learned Tribunal shall ensure proper
apportionment and disbursement of the amount among the
appellants/claimants in accordance with law, after due verification of their
identity.
13. It is noted that the appellants have paid court fees on an amount of
Rs. 3,00,000/- as per the value stated in the appeal. The appellants are hereby
directed to pay the deficit court fee on the enhanced compensation amount as
determined by this Court, in accordance with law.
(PRADEEP MITTAL)
JUDGE
Praveen
