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2024 Supreme(Online)(MP) 11126
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH th ON THE 10 OF MAY, 2024 MISC. APPEAL No. 3988 of 2023 BETWEEN:- 1. SMT. SANGEETA W/O LATE SHRI SANTOSH BARKADE, AGED ABOUT 31 YEARS, 2. NEHAL S/O LATE SHRI SANTOSH BARKADE, AGED ABOUT
13 YEARS, 3. VANSH S/O LATE SHRI SANTOSH BARKADE, AGED ABOUT
11 YEARS, (APPELLANTS NO.2 AND 3 ARE MINOR THROUGH LEGAL GUARDIAN MOTHER SMT. SANGEETA BARKADE)
4. SMT. MUNNIBAI W/O LATE PHOOLCHAND BARKADE, AGED ABOUT 53 YEARS, ALL ARE R/O INDRA COLONY CHIKALI, AMDHANA RANIPUR, DISTRICT BETUL (MADHYA PRADESH)
.....APPELLANTS/CLAIMANTS (BY SHRI R.P. MISHRA - ADVOCATE)
AND
1. ASHISH S/O SHRI JAYPAL BARODE R/O SARAD POST KHEDI SAWALIGARH DISTRICT BETUL (MADHYA PRADESH)
2. SANTOSH S/O SHRI LAKHAN LAL RATHOUR R/O RAJENDRA WARD NO. 29, NEAR NEW BETUL SCHOOL, GANJ BETUL, DISTRICT BETUL (MADHYA PRADESH)
3. THE NATIONAL INSURANCE COMPANY LIMITED, THROUGH DIVISIONAL MANAGER, DIVISIONAL OFFICE, 71, SEWANI TOWER, UPON RAYMOND SHOWROOM, ZONE
2, MP NAGAR, DISTRICT BHOPAL (MADHYA PRADESH)
.....RESPONDENTS (RESPONDENT NO.3/INSURANCE COMPANY BY SHRI ALOK HOONKA - ADVOCATE )
(NONE FOR THE RESPONDENTS NO.1 AND 2 INSPITE OF SERVICE)
This appeal coming on for admission this day, the court passed the following:
Nitin Kumar Gupta,
ORDER
Record is received.
Heard on I.A. No.9944/2023, an application for condonation of delay.
It is submitted that there is a delay of 108 days.
On due consideration, I.A. No.9944/2023 is allowed. Delay caused in filing of the appeal is hereby condoned.
Also heard on admission.
Admit.
With the consent of learned counsel for the parties, matter is finally heard.
It is submitted that learned Claims Tribunal, Betul in MACT No.207/2021 (Sangeeta and others vs. Ashish and others) vide award dated 16.12.2022 for the motor accident death dated 06.03.2021 has awarded the compensation of Rs.19,22,600/-. The appeal has been filed for enhancement of Rs.2,00,000/-. It is submitted that Court Fees of Rs.5,000/- has been paid. The ground of appeal is that the learned Tribunal has taken the income of deceased Santosh Barkade as Rs.8,500/- per month and has kept him under semi skilled worker but on the death date i.e. on 06.03.2021, the wages per month of an unskilled worker as per Minimum Wages Act was Rs.9,257/-. Therefore, re- calculation is required.
Learned counsel for the respondent No.3/Insurance Company also submits that the arguments of learned counsel for the appellants is correct that on the said date the minimum wages per month for semi skilled worker was Rs.9,257/-. Therefore, calculation would be as below:- (i) Annual income of deceased - Rs.1,11,084/- (Rs.9,257/- X 12)
(ii) Future prospects 40% - Rs.44,437/- (Rs.1,11,084/- X 40%)
(iii) Annual income on adding future prospects- Rs.1,55,521/- (Rs.1,11,084/- Rs.44,437/-)
(iv) Expenses towards personal living expenses- Rs.38,880/- (Rs1,55,521/- X 1/4)
(v) Deduction of 1/3 personal living expense- Rs.1,16,641/- (vi) Age of deceased- 34 years - Rs.18,66,256/- (multiplier applied would be 16)
(Rs.1,16,641/- X 16)
(vii) Funeral Expenses - Rs.16,500/- (viii) Loss of Estate - Rs.16,500/- (ix) Love, Affection and Consortium - whole family Rs.1,76,000/- Total compensation Rs.20,75,256/- Amount awarded by the Tribunal Rs. 19,22,600/- Amount liable to be enhanced (Rs. 20,75,256/- - Rs.19,22,600/-) = Rs.1,52,656/- Accordingly, the enhanced amount of compensation is Rs.1,52,656/-. The rest of the conditions shall remain same.
Accordingly, the appeal is partly allowed.
(AVANINDRA KUMAR SINGH)
JUDGE
