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Madhya Pradesh High Court
Smt Manju Bai vs Shakil on 15 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:10041
1 MA-1031-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 15th OF APRIL, 2026
MISC. APPEAL No. 1031 of 2021
SMT MANJU BAI AND OTHERS
Versus
SHAKIL AND OTHERS
Appearance:
Shri Rahul Yadav - Advocate for the appellants.
Shri Akshansh Mehra - Advocate for respondent No.2.
ORDER
This Miscellaneous Appeal has been preferred under Section 173(1) of
the Motor Vehicles Act, 1988 against the impugned award dated 17/07/2019
passed by Member, Motor Accident Claims Tribunal, West Nimar,
Mandleshwar (M.P.) in MACC No.117/2017, whereby an amount of
Rs.9,66,000/- has been awarded from the date of filing of claim petition to
the appellants / claimants / survivors of the deceased Dinesh with interest @
6% per annum.
2) Learned counsel for the appellants / survivors of the deceased
submits that the learned Claims Tribunal has assessed the income of the
deceased at Rs.5,000/- per month only. At the time of accident deceased was
working as Tailor and was also running a grocery shop and was earning
Rs.15,000/- per month. His contention is that in case the income of the
deceased is not proved by any cogent evidence, income ought to have been
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assessed on the basis of circular issued by Labour Department of State of
Madhya Pradesh under the Minimum Wages Act, according to which income
of the deceased on the date of accident comes to Rs.7,125/- per month
considering him as 'Unskilled person'.
2.1) He further submits that the learned Claims Tribunal has awarded a
meager amount of Rs.40,000/- in the head of Loss of Consortium. His
contention is that all the survivors should have been awarded Rs.40,000/-
each in the head of Loss of Consortium in the light of para 59.8 of the
judgment in the case of National Insurance Company Limited Vs. Pranay
Sethi & Ors. reported in (2017) 16 SCC 680 . On these grounds, learned
counsel prays for allowing the appeal by enhancing the award amount.
3) Per contra, learned counsel for the respondent / Insurance Company
has opposed the prayer on the ground that evidence led before the learned
Claims Tribunal has been rightly appreciated. The amount awarded by the
learned Claims Tribunal is just and proper and no enhancement is required.
All the factors have been considered by the learned Claims Tribunal while
awarding the compensation amount and no fault can be found with in the
impugned award. Hence, prays for dismissal of the appeal being devoid of
any substance.
4) Heard and considered the rival submissions raised at bar by learned
counsel for the parties and perused the record.
5) From perusal of the record, it is apparent that at the time of accident
i.e. on 23/05/2017 deceased was working as Tailor and was also running a
grocery shop, however, his income has not been established by adducing
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cogent evidence, therefore, in the light of the judgment delivered by the apex
Court in the case of Chandra @ Chanda @ Chandraram & Anr. Vs. Mukesh
Kumar Yadav reported in (2022) 1 SCC 198 : 2021 SCC OnLine SC 3093 ,
income of the deceased is to be assessed on the basis of circular issued under
the Minimum Wages Act, therefore, on the basis of circular income of the
deceased is taken as Rs.7,125/- per month.
6) In the case of Pranay Sethi (Supra) , Hon'ble the Apex Court in para
59.8 has held that all the survivors of the deceased are entitled for an amount
of Rs.40,000/- each in the head of loss of consortium, therefore, each of the
claimants / survivors are awarded Rs.40,000/- each in this head.
7) Accordingly, the just and proper compensation amount comes as
under:
Rs.7,125/- + 40% FP - 1/3rd PE
Loss of Dependency: x 12 Months x Multiplier of 16
= Rs.12,76,800/-
Loss of Consortium: Rs.1,60,000/-
Funeral Expenses: Rs.15,000/-
Loss of Estate: Rs.15,000/-
Total Amount: Rs.14,66,800/-
MACT Awarded: Rs.9,66,000/-
Enhanced Amount: Rs.5,00,800/-
Thus, the just and proper amount of compensation in the instant case is
Rs.14,66,800/- as against the award of the Tribunal of Rs.9,66,000/-.
Accordingly, the appellant is entitled to an enhanced amount of
Rs.5,00,800/- over and above the amount which has been awarded by the
Tribunal.
8) Since the appeal has been valued at Rs.3,00,000/- only, therefore,
the appellants are directed to pay additional court fees on the rest of the
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amount of Rs.2,00,800/- within a period of 30 days from today at the
prevailing slab of court fees, thereafter, the same will be disbursed to the
appellants. Other terms and conditions of the impugned award including rate
of interest @ 6% shall remain intact.
9) Subject to payment of requisite additional court fees within the
aforesaid period, the enhanced amount shall also carry interest at the same
rate. It is made clear, in case the court fees is not paid within the stipulated
period, the appellants will not be entitled for claiming interest on the
enhanced amount beyond 30 days' period, till the payment of requisite court
fees.
10) Resultantly, the appeal filed by the appellants / claimants is
allowed to the extent as indicated hereinabove.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
