JUDGEMENT

This miscellaneous appeal filed by the appellants under Section 173 (1) of the Motor Vehicle Act, 1988 being aggrieved of award dated 30/11/2022 passed by learned Motor Accident Claims Tribunal, Sagar in MACC No.596/2019.

2. The facts necessary for disposal of the present appeal in brief are that on 26/4/2021 at about 4:30 a.m., near Bedakhedi Nadi ki Puliya, Astha, Bhopal Indore Road, Police Station Astha, Distt. Sehore respondent no.1 was driving Tata Indica Car bearing registration no.MP-04-TB-1059 rashly and negligently and the above vehicle gets rollover due to a hard dashed with railing of said puliya. Deceased along with other persons, who were sat in the car sustained several grievous injuries. Out of which instant appellant along with his father namely Munnalal Goswami died on the spot. The matter was reported to Police Station Astha, Distt. Sehore. After investigation, charge sheet has been filed for the offence punishable under Sections 279 and 304-A of the IPC against the driver of the offending vehicle.

3. It is submitted by learned counsel for the appellants that the income of the deceased Rahul was as per the income tax return and salary certificate (Ex.P/14) was Rs.1,80,000/- p.a. and that should be taken as the income of the deceased and therefore, the award ought to be enhanced accordingly.

4. Per contra, learned counsel for the insurance company submitted that an appropriate award has already been passed by the learned tribunal in favour of the appellants.

5. Having heard the learned counsel for the parties and on careful perusal of the record, it is found that the salary certificate (Ex.P/14) is not found proved by the learned tribunal as witness Umesh Singh (AW/3) has admitted that he has not submitted documents showing him as the owner of the concerned company and authority to issue such salary certificate. There is no document on the record that such salary has been transferred to the deceased bank pass book.

Monthly salary slips may also be filed in that behalf. Moreover, the establishment of UMS Web Infotech company is also not found proved as no document in that regard is submitted by the appellants. Therefore, the conclusion of learned tribunal in that regard is lawful. However, on the date of accident, the minimum wage of skilled labour was Rs.10,935/- p.m. instead of Rs.10,510/- p.m. which have been taken by the learned tribunal as the income of the deceased as per the circular issued under the Labour Act for minimum wage of the skilled labour. Assuming the income of the deceased as Rs.10,935/- p.m. instead of Rs.10,510/- and applying the multiplier and deducting the amount of personal expenses as taken by the learned tribunal it comes to Rs.67,000/-. The compensation amount may be enhanced by this amount. The calculation is not disputed by the learned counsel for the parties.

6. Therefore, the facts and circumstances of the case and having regard to the evidence on record the amount of Rs.67,000/- on which court fee has been paid may be enhanced in favour of the claimants/appellants in addition to the amount already awarded in favour of them. Other terms and conditions of the award shall remain intact.

7. In the above terms, the appeal is allowed and disposed of. Record be sent back.

(RAJENDRA KUMAR VANI) JUDGE m/-