Madhya Pradesh High Court
Santosh Kumar Chourasia vs Cheeronjilal @ Halke Bhaiya on 17 October, 2025
1
NEUTRAL CITATION NO. 2025:MPHC-JBP:53200
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. 5735 of 2022
SANTOSH KUMAR CHOURASIA
Versus
CHEERONJILAL @ HALKE BHAIYA AND OTHERS
Appearance:
Shri Rajendra Yadav - Advocate for the applicant.
Shri Shyam Yadav - Advocate for respondent No.2.
Shri Gulab Chand Sohane - Advocate for respondent No.3.
ORDER
1. This miscellaneous appeal under Section 173(1) of the Motor
Vehicles Act, 1988, has been filed against the award dated 06.09.2022,
passed by the Motor Accident Claims Tribunal, Chhatarpur, in MACC No.
09/2022.
2. Since the occurrence of the accident on 22.10.2021 and the
involvement of the offending vehicle are not in dispute, the detailed facts of
the case are not being reproduced herein.
3. Learned counsel for the appellant submits that the learned Claims
Tribunal erred in assessing the monthly income of the appellant/claimant at
Rs.6,000/-. It is contended that the injured was working as an agriculturist,
and therefore, his income ought to have been assessed at Rs.8,800/- per
month as on the date of the accident, i.e., 22.10.2021. It is further submitted
that the Tribunal wrongly declined to consider Ex. P/13 (the hospital bill) on
the ground that it did not bear the signature of the doctor or cashier.
4. Per contra, learned counsel for the respondent has supported the
award passed by the Claims Tribunal.
5. I have considered the rival submissions advanced by learned
counsel for the parties and have carefully perused the record.
6. Upon consideration, this Court finds merit in the submissions
made by learned counsel for the appellant. Accordingly, the award passed by
the Tribunal deserves to be modified as detailed below.
7. On perusal of Ex. P/13, it is evident that the bill bears the seal of
the hospital's cashier and contains the requisite signature. Furthermore, the
discharge ticket (Ex. P/9) clearly indicates that the injured was admitted on
28.10.2021 and discharged on 03.11.2021, and that surgery was performed
during the course of hospitalization. Therefore, the reason assigned by the
Tribunal for discarding Ex. P/13 is not justifiable. The bill is duly proved and
is liable to be considered towards medical expenses.
8. The learned Tribunal assessed the monthly income of the
appellant at Rs.6,000/- on the assumption that he was a skilled worker.
However, the appellant, in his deposition, has stated that he was engaged in
repairing government hand pumps and undertook agricultural activities,
earning between Rs.10,000/- to Rs.12,000/- per month. This assertion
remained uncontroverted during the proceedings. In my view in absence of
documentary evidence, his income should be assessed as a unskilled labor.
As per the applicable Minimum Wages Notification in force on the date of
the accident (22.10.2021), the income of a skilled worker was Rs.8,800/- per
month. In the absence of contrary evidence and considering the nature of
work performed by the appellant, his income ought to have been assessed at
Rs.8,800/- per month.
Awarded by the Re-assessed by this
Head
Tribunal Court
Monthly Income Rs. 6,000/- Rs.8,800/-
Loss of Income during Treatment (3
Rs.18,000/- Rs.26,400/-
months)
Medical Expenses (Ex. P/13) Not considered Rs.95,000/-
Diet & Transportation Rs.15,000/- Rs.15,000/-
Other Incidental Expenses / Misc. Heads Rs.60,000/- Rs.60,000/-
Total Compensation Rs.93,000/- Rs.1,96,400/-
9. Accordingly, the impugned award passed by the learned Motor
Accident Claims Tribunal is modified to the extent that the
appellant/claimant shall be entitled to a total compensation of Rs.1,96,400/-
(Rupees One Lakh Ninety-Six Thousand Four Hundred only), in place of
Rs.93,000/- awarded by the Tribunal.
10. The enhanced compensation of Rs.1,03,400/- (i.e., Rs.1,96,400/-
minus Rs.93,000/-) shall carry interest at the rate of 6% per annum from the
date of filing of the claim petition till the date of actual realization.
11. The Insurance Company is directed to deposit the enhanced
amount of Rs.1,03,400/-, 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.
12. 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.
13. (i) On such deposit, the claimant is permitted to withdraw the
amount with accrued interest and costs, by filing a proper application before
the tribunal.
(ii) The record be sent back to the learned Tribunal within three weeks
from this day.
(iii) As a consequence, interlocutory applications pending
consideration, if any, shall stand closed.
(PRADEEP MITTAL)
JUDGE
Praveen
