ORDER

1. This present appeal under section 173 of the Motor Vehicles Act, 1988, has been filed by the appellants/claimants being aggrieved with award dated 8.2.2024 passed by the Motor Accident Claims Tribunal, Chhatarpur, in Claim Case No.51/2023, partly allowing the claim case and granting compensation to the tune of Rs.9,84,200/- along with interest @ 6% per annum.

2. Factual matrix of the case is that on 25.9.2022, the deceased- Manish was going from Chhatarpur to village- Kannpura in a commander jeep along with his friends and when the driver of jeep stopped it, a container bearing registration No.MP-04-GB-6240 driven by respondent No.1 dashed the jeep rashly and negligently resulting into fatal injuries to the deceased and ultimately his death. A claim petition was filed claiming compensation of Rs.86,00,000/-, but the learned Tribunal has awarded the compensation to the tune of Rs.9,84,200/-.

3. The learned Tribunal has found that the accident was caused due to rash and negligent driving of respondent No.1 and the offending vehicle was insured with respondent No.3/Insurance Company on the fateful day. After examining the evidence adduced by the parties, the learned Tribunal has awarded the compensation of Rs. 9,84,200/- as under:-

4. Hence, in all, a sum of Rs.9,84,200/- was awarded by the learned Tribunal as against the claim of Rs.86,00,000/-.

5. Learned counsel for the appellants submits that the deceased was an unskilled labour and the learned Tribunal erred in assessing his income as Rs.6,000/- per month whereas it should have been assessed as Rs.9,125/- per month. The learned Tribunal also erred in calculating the compensation amount. According to him, the amount of compensation requires to be enhanced.

6. On the other hand, learned counsel for the respondent/Insurance Company supports the impugned award and submits that the same is just and proper. He submits that since the appeal valuation is of Rs.4,00,000/-, therefore, if the amount of compensation is enhanced by this Court above appeal valuation, the appellants/claimants would not be entitled for the interest in respect of that part of compensation amount with retrospective effect.

7. Heard.

8. It is not in dispute that respondent No.1 was responsible for causing the accident and the offending vehicle was insured with respondent No.3 on the fateful day. The only question for determination in this appeal is as to whether the amount awarded by the learned Tribunal requires modification or not?

9. After hearing the submissions advanced by learned counsel for the parties and going through the record, this Court is of the opinion that the learned Tribunal has awarded less amount under the head of loss of consortium and also assessed the income of deceased on lower side. As per Minimum Wages Act, at the relevant point of time the income of unskilled labour should have been assessed as Rs. 9,125/- per month. Thus, considering the overall facts, in the opinion of this Court, the claimants/appellants are entitled to enhanced compensation as under:-

10. Therefore, the appellants/claimants are entitled to get the compensation amount of Rs.15,00,700/- in place of Rs.9,84,200/-. The enhanced amount i.e. Rs.5,16,500/- shall also carry the same interest as has been awarded by the lear