[Cites 3, Cited by 0]
Madhya Pradesh High Court
Bhanwar Bai vs Kalim on 23 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:5420
1 MA-1911-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 23rd OF FEBRUARY, 2026
MISC. APPEAL No. 1911 of 2025
BHANWAR BAI AND OTHERS
Versus
KALIM AND OTHERS
Appearance:
Shri Tarun Kushwah - Advocate for the appellants.
Ms. Priti Keshwani - Advocate for respondent no.3.
ORDER
This Misc. Appeal under Section 173(1) of the Motor Vehicles Act,
1988 has been filed by the appellants assailing the impugned award dated
24.12.2024 passed by II Member Motor Accident Claims Tribunal,
Manawar, District Dhar (M.P.) in MACC No.247/2023, whereby an amount
of Rs.8,31,853/- along with interest has been awarded to the survivors of the
deceased Fatu Singh.
2. Learned counsel for the appellants submits that the income of the
deceased has been assessed as Rs.6,500/- without any basis, whereas as per
the circular issued under the Minimum Wages Act by the Labour Department
of State of Madhya Pradesh the income of an unskilled labour on the date of
incident is Rs.9,650/-. On this submission prays for allowing the appeal by
enhancing the award amount on this count.
3. Learned counsel for the Insurance Company has opposed the
NEUTRAL CITATION NO. 2026:MPHC-IND:5420
2 MA-1911-2025
prayer on the ground that the income has been properly assessed by the
Claims Tribunal and needs no enhancement and prays for dismissal of the
appeal.
4. Heard and considered the rival submissions raised at bar by
learned counsel for the parties and perused the record.
5 . 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 has held as under:-
"9. It is the specific case of the claimants that the deceased
was possessing heavy vehicle driving licence and was
earning Rs 15,000 per month. Possessing such licence and
driving of heavy vehicle on the date of accident is proved
from the evidence on record. Though the wife of the
deceased has categorically deposed as AW 1 that her
husband Shivpal was earning Rs 15,000 per month, same
was not considered only on the ground that salary certificate
was not filed. The Tribunal has fixed the monthly income of
the deceased by adopting minimum wage notified for the
skilled labour in the year 2016. In absence of salary
certificate the minimum wage notification can be a
yardstick but at the same time cannot be an absolute one to
fix the income of the deceased. In absence of documentary
evidence on record some amount of guesswork is required
to be done. But at the same time the guesswork for assessing
the income of the deceased should not be totally detached
from reality. Merely because the claimants were unable to
produce documentary evidence to show the monthly income
of Shivpal, same does not justify adoption of lowest tier of
minimum wage while computing the income. There is no
reason to discard the oral evidence of the wife of the
deceased who has deposed that late Shivpal was earning
around Rs 15,000 per month."
6. In light of the aforesaid, where the income of the deceased is
NEUTRAL CITATION NO. 2026:MPHC-IND:5420
3 MA-1911-2025
taken on guess work, circular issued under the Minimum Wages Act should
be resorted to. Accordingly, on the date of accident i.e. on 30.07.2023
income of the deceased is to be taken as Rs.9,650/- considering him as
'Unskilled Labour', whereas the learned Claims Tribunal has taken the
income as Rs.6,500/- only. Accordingly, the just and proper compensation
comes as under:-
Rs.9,650/- per month + Rs.965/- (10% Future Prospects)
Loss of
= Rs.10,615/-x 12 x 9 (Multiplier) =Rs.11,46,420/- less
Dependency
Rs.2,86,605/- (1/4 Personal expenses)= Rs.8,59,815/-
Loss of
Consortium: Rs.1,92,000/-
Loss of Estate Rs.18,000/-
Funeral
Rs.18,000/-
Expenses
Medical Bills Rs.24,649
Total: Rs.11,12,464/-
MACT
Rs.8,31,853/-
Award:
Enhanced
Rs.2,80,611/-
Amount
7 . Thus, the just and proper amount of compensation in the instant
case is Rs.11,12,464/ as against the award of the Tribunal of Rs.8,31,853/-.
Accordingly, the appellants are entitled to an enhanced amount of
Rs.2,80,611/- over and above the amount which has been awarded by
the Tribunal.
8. The appeal is valued as Rs.2,00,000/- and for the rest of the
amount the claimants will pay the requisite Court fees within a period of 30
days from today and only thereafter enhanced amount will be disbursed. It is
NEUTRAL CITATION NO. 2026:MPHC-IND:5420
4 MA-1911-2025
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.
9. Accordingly, the appeal is partly allowed to the extent indicated
herein above. The other terms and conditions of the impugned award
including rate of interest shall remain intact.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
