[Cites 5, Cited by 0]
Madhya Pradesh High Court
Smt. Sangeeta vs Kishor on 22 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:2018
1 MA-646-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 22nd OF JANUARY, 2026
MISC. APPEAL No. 646 of 2023
SMT. SANGEETA AND OTHERS
Versus
KISHOR AND OTHERS
Appearance:
Shri Manoj Malviya on behalf of Shri Romil Malpani, learned counsel
for the appellants.
Shri Anil Kumar Goyal, learned counsel for the respondent No. 3.
ORDER
This Miscellaneous Appeal under Section 173(1) of Motor Vehicle
Act, 1988 has been filed against the impugned award dated 21.07.2022 in
MACC/77/2022 by 2nd Additional Member, Motor Accident Claims
Tribunal, Ratlam whereby an amount of Rs. 17,25,368/- with interest @ 6%
per annum from the date of filing of claim petition i.e. 13.10.2020 for the
death of deceased Ritesh Chourasia in road traffic accident due to rash and
negligent driven by the driver of car bearing registration No. MH 20 EG
1976.
2. Brief facts of the case are that on 16.05.2020 deceased was
travelling in tanker No. R.J. 27 G.A. 7683 from Ratlam to Sendhwa and at
about 11:30 pm, tyre of tanker got punctured and, therefore, he was standing
on the side of puncture repairing shop and the tyre was being changed. At the
NEUTRAL CITATION NO. 2026:MPHC-IND:2018
2 MA-646-2023
same time, offending car No. MH 20 EG 1976 driven rashly and negligently
by its driver dashed Ritesh Chourasiya, resulting him serious injuries in all
over body. When he was being taken to Government Hospital Manpur,
Indore and thereafter to M.Y. Hospital, Indore for treatment, he succumbed
to the injuries during treatment. Hence, claim petition by the survivors of the
deceased was filed for an amount of Rs.43 lacs for untimely and accidental
death of the deceased.
3. Learned counsel for the claimants/appellants submits that the
learned trial Court has not assessed the income of the deceased properly and
at least as per prevailing circular under Minimum Wages Act, income should
have been assessed to Rs.8,275/- at the place of Rs.8,000/-. He further
submits that on the head of consortium, amount should have been paid @
Rs.44,000/- and in funeral expenses and loss of estate, amount should have
been Rs.16,500/- in each head. On these submissions, he prays for
enhancement of the amount.
4. Learned counsel for the respondent/insurance company submits that
the learned Claims Tribunal has taken all parameters as per guidelines
provided in the celebrated judgments passed by the Apex Court in Smt. Sarla
Verma vs. Delhi Transport Corporation (2009) 6 SCC 121 and National
Insurance Company Limited vs. Pranay Sethi & Ors. (2017) 16 SCC 680 and
United India Insurance Company Limited v. Satinder Kaur Alias Satwinder
Kaur and Others reported in (2021) 11 SCC 780 , therefore, needs no
interference and prays for dismissal of the appeal.
5. Heard and considered the rival submissions raised at bar and
NEUTRAL CITATION NO. 2026:MPHC-IND:2018
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perused the record.
6. Now it is settled that when income of the deceased based on guess
work and no actual income has been proved then resort to be taken of
Circular issued by the State Government under Minimum Wages Act and
looking to that on the date of the incident, minimum wage of an unskilled
labour, it should be Rs.8275/- per month. In para 59.8 in the case of Pranay
Sethi (Surpa) taking year 2017 as the base year, 10% increase should be
enhanced in the head of expenses head and in the head of consortium,
therefore, Rs.44,000/- to each of the survivors, who are wife, children,
mother and father. Hence, they are entitled for Rs.44,000/- per
survivors/claimants under the head of consortium and Rs.16,500/- each in the
head of funeral expenses and loss of estate. Looking to the age of deceased
as 32 years & 10 months, 40% in future prospects will be added. The just
and proper amount of compensation will be computed as under:-
Rs.8,275/- x 12 = Rs.99,300/- + 40% Future Prospects =
Dependency Rs.39,720/- = 1,39,020/- (-) 3/4 towards personal expenses
= Rs.1,04,265/- x multiplier of 16 = Rs.16,68,240/-
Consortium Rs.44,000/- x 5 =Rs.2,20,000/-
Loss of estate Rs.16,500/-
Funeral
Rs.16,500/-
expenses
Medical
Rs.42,568/-
Expenses
Total Rs.19,63,808/-
less MACT
Rs.17,25,368/-
award
Enhanced
Rs.2,38,440/- (rounded up Rs. 2,38,500/-)
amount
7. Accordingly, claimants are entitled to an additional sum
of Rs.2,38,500/- over and above the amount which has been awarded by the
NEUTRAL CITATION NO. 2026:MPHC-IND:2018
4 MA-646-2023
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 as per prevailing slab
within a period of one month and only thereafter enhanced amount will be
disbursed. The other terms and conditions as mentioned in the award shall
remain intact.
9. With the aforesaid appeal is partly allowed and disposed off.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
