IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL nd ON THE 2 OF FEBRUARY, 2024 MISC. APPEAL No. 1474 of 2023 BETWEEN:-

1. RAFIK S/O MUSTAK KHAN, AGED ABOUT 48 YEARS, OCCUPATION: LABOR RESIDENTS WARD NO 8 PATHANI MOHALLA HINDORIYA TEHSIL AND DISTRICT DAMOH (MADHYA PRADESH)

2. SMT. AMEENA W/O RAFIK KHAN, AGED ABOUT 40 YEARS, OCCUPATION: HOUSEWIFE RESIDENTS WARD NO. 8 PATHANI MOHALLA HINDORIYA TEHSIL AND DISTRICT DAMOH (MADHYA PRADESH)

.....APPELLANTS (BY SHRI R.S. SAINI - ADVOCATE )

AND

1. ANIL S/O DAYARAM RAIKWAR, AGED ABOUT 30 YEARS, OCCUPATION: DRIVER R/O CIVIL WARDNO 7 DAMOH DISTRICT DAMOH (MADHYA PRADESH)

2. VIKASH S/O LAXMI PRASAD TIWARI, AGED ABOUT 40 YEARS, RESIDENTS OFF CIVIL WARD NO. 6 NEAR WATER TANKI DAMOH DISTRICT DAMOH (MADHYA PRADESH)

3. MANAGER THE ORIENTAL COMPANY LIMITED OFFICE STATION CHOWK DAMOH (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SOMESH SHUKLA - ADVOCATE FOR THE RESPONDENT NO.3) This appeal coming on for admission this day, the court passed the following:

ORDER

Signature Not Verified Signed by: VAISHALI With the consent of both the parties, the matter is heard finally at motion stage.

2. This appeal by the claimant under section 173(1) of the Motor Vehicles Act is arising out of the award dated 15.07.2022 passed by 5th member MACT, Damoh, seeking enhancement of compensation amount awarded by the Tribunal.

3. Learned counsel for the appellant submits that Tribunal has wrongly assessed deceased's income as Rs.6,000/- per month, whereas, it should have been determined on the basis of minimum wages as notified under minimum wages Act. Hence, compensation amount be suitably enhanced.

4. Learned counsel for the respondent-Insurance Company has submitted that compensation awarded by the Tribunal is just and proper and no enhancement is required. Hence, appeal filed by appellant be dismissed.

5. Heard learned counsel for the parties and perused record of the case.

6. So far as income of deceased is concerned, on the date of accident, minimum wages of an unskilled labour were Rs.7,700/- per month. Therefore, deceased's monthly income is determined as above. In above income 40% is to be added as future prospect and multiplier of 18 is to be applied and one half is to be deducted for personal and living expenses.

7. It is evident from impugned award that Tribunal has awarded appropriate amount for consortium as well as loss of Estate and funeral expenses.

8. Hence, in view of above, appellants are entitled to enhanced amount of i.e.

Rs.12,85,240 - Rs. 10,28,200/- = Rs.2,57,040/-.

9. Enhanced amount Rs.2,57,040/- shall carry interest at the rate awarded by the Tribunal. Other findings recorded by the Tribunal shall remain intact.

10. Appellants has valued present appeal Rs.20,00,000/-, therefore, appellants Signature Not Verified Signed by: VAISHALI shall pay deficit Court fees on remaining amount within three months. The appellants shall be entitled to receive enhance amount, only after payment of deficit Court fees.

11. Appeal partly allowed to the extent as indicated above.

(ACHAL KUMAR PALIWAL)

JUDGE vai Signature Not Verified Signed by: VAISHALI