[Cites 4, Cited by 0]
Madhya Pradesh High Court
Rakesh @ Appu Jaiswal vs Dinesh on 15 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:9939
1 MA-1033-2017
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. 1033 of 2017
RAKESH @ APPU JAISWAL
Versus
DINESH AND OTHERS
Appearance:
Shri Himanshu Paliwal - Advocate for the appellant.
Shri Akshansha Mehra - Advocate for respondent No.3.
ORDER
This Miscellaneous Appeal has been preferred under Section 173(1) of
the Motor Vehicles Act, 1988 against the impugned award dated 12/01/2017
passed by 5th Member, Additional Motor Accident Claims Tribunal, Indore
(M.P.) in Claim Case No.700199/2016, whereby an amount of Rs.2,93,600/-
has been awarded from the date of filing of claim petition to the appellant /
claimant with interest @ 6% per annum.
2) Learned counsel for the appellant submits that the learned Claims
Tribunal has assessed the income of the injured at Rs.4,500/- per month only.
At the time of accident injured was earning Rs.18,000/- pm. His contention is
that in case the income is not proved by any cogent evidence, income ought
to have been 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 injured on the date of accident comes to Rs.5,845/- per
NEUTRAL CITATION NO. 2026:MPHC-IND:9939
2 MA-1033-2017
month considering him as 'Unskilled Labourer'.
2.1) He further submits that learned Claims Tribunal has also erred in
not awarding any amount in the head of future prospects, whereas as per para
59.4 of National Insurance Company Limited Vs. Pranay Sethi & Ors.
reported in (2017) 16 SCC 680 , looking to the age 25 years of injured, 40%
amount should have been added in the head of Future Prospects.
2.2) Learned counsel further submits that learned Claims Tribunal has
also committed an error in awarding consolidated amount of Rs.7,500/- in
the heads of Special Diet, Conveyance and Attendant, which is on lower
side, therefore, at least Rs.10,000/- should have been awarded in the each
heads.
2.3) He further submits that in the head of pain and suffering meager
amount of Rs.5,000/- has been awarded by the learned Claims Tribunal.
Looking the hardship and injuries suffered by the appellant, at least
Rs.25,000/- should have been awarded in this head. On these contentions,
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
NEUTRAL CITATION NO. 2026:MPHC-IND:9939
3 MA-1033-2017
any substance.
4) Heard and considered the rival submissions raised at bar by learned
counsel for the parties and perused the record.
5) It is no longer res integra that where the income is not established
by adducing cogent evidence, 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 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.5,845/- per month.
6) Deceased was 25 years of age at the time of accident, therefore, as
per para 59.4 of Pranay Sethi (Supra) , 40% amount is added in the head of
Future Prospects.
7) Consolidated meager amount of Rs.7,500/- has been awarded by the
learned Claims Tribunal in the head of Special Diet, Conveyance and
Attendant, which appears on lower side, therefore, an amount of Rs.10,000/-
each is added in these heads. Looking to the injuries suffered by the
appellant, the amount awarded in the head of pain and suffering is also
enhanced from Rs.5,000/- to Rs.25,000/-.
8) Accordingly, the just and proper compensation amount comes as
under:
Rs.5,845/- + 40% FP x 12 Months
Permanent Disability: x Multiplier of 17 x 20% PD
= Rs.3,33,866/-
Medical Bills: Rs.74,000/-
Special Diet: Rs.10,000/-
Conveyance: Rs.10,000/-
NEUTRAL CITATION NO. 2026:MPHC-IND:9939
4 MA-1033-2017
Attendant: Rs.10,000/-
Loss of Income: Rs.17,535/- (for 3 Months)
Loss of Pleasantness: Rs.10,000/-
Pain and Suffering: Rs.25,000/-
Total Amount: Rs.4,90,401/-
MACT Awarded: Rs.2,93,600/-
Enhanced Amount: Rs.1,96,801/-
Thus, the just and proper amount of compensation in the instant case is
Rs.4,90,401/- as against the award of the Tribunal of Rs.2,93,600/-.
Accordingly, the appellant is entitled to an enhanced amount of
Rs.1,96,801/- over and above the amount which has been awarded by the
Tribunal.
9) Resultantly, the appeal filed by the appellant / claimant is allowed
to the extent as indicated hereinabove. Other terms and conditions of the
impugned award including rate of interest @ 6% shall remain intact. The
enhanced amount shall also carry interest at the same rate. Pending
interlocutory applications, if any, also stand disposed of.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
