Minimum wage guidelines must inform compensation calculation for unskilled laborers, as formal income documentation is often unavailable.

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 a compensation of Rs.13,97,000/- along with interest as follows:-

5. Being aggrieved by the said award, the appellants have filed this appeal stating that the tribunal has assessed the income of the deceased on the lower side and committed error of law by completely overlooking the facts. Therefore, it is prayed for setting aside the impugned award and alternatively prayed for enhancement of the amount of compensation awarded by the tribunal by assessing the income of the deceased on the basis of minimum wages applicable to an unskilled labour at the relevant period. During the course of argument, counsel for appellants has submitted a copy of revised guidelines/instructions by MP State Legal Services Authority mentioning the mentioning the daily wages rates of labours from the year 2010-2011 to 2023-2024.

6. On the other hand, learned counsel for the respondents have supported the impugned award with regard to the findings of the accident and death of the deceased in the motor accident. It is submitted that the tribunal has not committed any error in assessing the income of the deceased as Rs.7,775/- per month, hence prayed for reduction of compensation.

7. Heard learned counsel for the parties and perused the record. It is found that the accident was occurred on 04.12.2022 and FIR (Ex.P/2) was lodged on the same day i.e. 04.12.2022. According to the MLC report Ex-P/9 same was done on the same date and during the treatment, he was died. So considering all the documents, it is clearly established that deceased died due to the injuries sustained by him in the motor accident which was occurred on 04.12.2022.

8. So far as income of the deceased is concerned, the Tribunal has assessed it as Rs.7,775/- per month only for the reason that no document has been produced by the claimants as regards his income. As the deceased was working as a labourer, the tribunal could not have expected the appellants to produce any document regarding his income because such type of work is not done under any documents.

9. On this aspect, the law laid down in the case of Sapna and Others vs. Mangilal and Another , 2021 ACJ 957 by Co-ordinate Bench of this Court, relevant portion is mentioned below :-

“Having heard the learned counsel for parties and on perusal of the record, it is noticed that the appellant had deposed before the tribunal that the deceased was earning Rs.8,000/- per month, but no document in support of which was produced. The tribunal had noted that the deceased was about