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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Rajudibai – Appellant
Versus
Ganesh – Respondent
ORDER :
1. With consent of the parties, heard the matter finally.
2. This appeal by the insurance company under section 173 of the Motor Vehicle Act, 1988 is arising out of the award dated 05.12.2023 passed by Additional Member to the Court of 1st Additional Motor Accident Claim Tribunal, Sardarpur, District Dhar in MACC No.19/2023 seeking enhancement of compensation awarded by the tribunal.
3. The brief facts of the case are that on 04.12.2022, the deceased/Raju was going Barmandal to Barkheda on his motorcycle. At the same time, on opposite side, a motorcycle bearing registration No. MP11-NE-6530 driven by Ganesh hit the deceased's motorcycle, because of which Raju/deceased sustained grievous injuries. Thereafter, he was sent for treatment to Mittal Hospital where he was died during treatment. Post-mortem of the deceased was done in P.M. Dhar Bhoj Hospital. Merg No. 42/2022 was registered and after investigation Crime No. 469/2022 was registered. In this sequence, charges were framed and challan was filed before the Court.
4. The tribunal framed issues and after taking evidence and hearing counsel for both parties, allowed the claim petition filed by appellants No.1 to 4 and awarded
Minimum wage guidelines must inform compensation calculation for unskilled laborers, as formal income documentation is often unavailable.
The main legal point established in the judgment is the court's authority to award just compensation exceeding the claimed amount under the Motor Vehicles Act, 1988, and the need for a realistic appr....
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