[Cites 3, Cited by 0]
Madhya Pradesh High Court
Mrs Idi Sapaniya vs Vinod on 29 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:2844
1 MA-528-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 29th OF JANUARY, 2026
MISC. APPEAL No. 528 of 2024
MRS IDI SAPANIYA AND OTHERS
Versus
VINOD AND OTHERS
Appearance:
Shri Rahul Yadav - Advocate for the appellants.
Shri Bhashkar Agrawal - Advocate with Shri Bharat Yadav - 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
26.07.2023 passed by II Member, Motor Accident Claims Tribunal, Dewas
(M.P.) in Claim Case No.304/2022, whereby an award amount of
Rs.17,83,600/- has been passed in favour of the
appellants/claimants/survivors of the deceased Anil aged about 25 years,
Labourer.
2. Counsel for the appellants/claimants submits that the income
assessed is Rs.8,000/- by the Claims Tribunal which is on the lower side and
as per the circular issued by the Labour Department under the Minimum
Wages Act the income comes to Rs.8,800/- on the date of accident. He
further submits that in the head of consortium no amount has been awarded
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by the Claims Tribunal as there are six dependents who are wife, three
children, mother and father. On these submissions prays for enhancement of
the compensation amount.
3. Per contra, learned counsel for the Insurance Company submits
that learned Claims Tribunal has properly appreciated the evidence available
on record and therefore, the impugned award needs no interference. The
amount awarded is just and proper in the facts and circumstances of the
case and prays for dismissal of the appeal.
4. Heard and considered the submissions of the learned counsel for
the parties and perused the record.
5. It is not in dispute that deceased was 25 years old. When the
income is assessed on guess work, it should be taken as mentioned in the
circular issued by the Labour Department under the Minimum Wages Act
and admittedly on the date of accident i.e. 14.01.2022 the circular which was
in force the income of unskilled labour is Rs.8,800/-, therefore the income
taken by the Claims Tribunal is on the lower side which should be Rs.8,800/-
. As per guidelines contained in para 59.4 in the case of National Insurance
Company Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC
680 future prospects of 40% should be added in the income. In the head of
consortium, each of the claimant is entitled for an amount of Rs.40,000/- as
being the survivors of the deceased i.e wife, three children, mother and
father. Thus, in the head of consortium an amount of Rs.2,40,000/- should be
awarded.
6. Considering the evidence that came on record, in the considered
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opinion of this Court the compensation amount awarded by the Tribunal is
on the lower side which deserves to be enhanced as under:-
Income taken Rs.8,800/- +Rs.3,520/-(40% FP)=Rs.12,320/- x
Loss of
12=Rs.1,47,840/-p.a.less 1/4 (Personal expenses) x
Dependency
17 =Rs.18,84,960/-
Loss of
Rs.40,000/- x 6 =Rs.2,40,000/-
Consortium
Loss of
Rs.15,000/-
estate
Funeral
Rs.15,000/-
expenses
Total
Rs.21,54,960/-
Amount
MACT
Rs.17,83,600/-
Award
Enhanced
Rs.3,71,360/-
Amount
7. Thus, the just and proper amount of compensation in the instant
case is Rs.21,54,960/- as against the award of the Tribunal of Rs.17,83,600/-
. Accordingly, the appellants are entitled to an enhanced amount of
Rs.3,71,360/- over and above the amount which has been awarded by the
Tribunal.
8. The appeal is valued as Rs.3,40,000/- 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. Accordingly, the appeal is partly allowed to the extent indicated
herein above.
(BINOD KUMAR DWIVEDI)
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JUDGE
RJ
