IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 20 OF FEBRUARY, 2024 MISCELLANEOUS APPEAL No. 1112 OF 2023 BETWEEN:-

1. WD. GAYATRI TIWARI W/O LATE SANTOSH TIWARI, AGED ABOUT 44 YEARS, OCCUPATION: HOUSEWIFE KATRA MOHALLA DHOBIYA TANKI POLICE STATION CITY KOTWALI DISTRICT REWA (MADHYA PRADESH)

2. ABHISHEK TIWARI S/O LATE SANTOSH TIWARI, AGED ABOUT 21 YEARS, OCCUPATION: ENGINEERING STUDENT R/O KATRA MOHALLA, DHOBIYA TANKI, POLICE STATION CITY KOTWALI, DISTRICT REWA (MADHYA PRADESH)

3. KU SHWETA TIWARI D/O LATE SANTOSH TIWARI, AGED ABOUT 20 YEARS, OCCUPATION: STUDENT R/O KATRA MOHALLA, DHOBIYA TANKI, POLICE STATION CITY KOTWALI, DISTRICT REWA (MADHYA PRADESH)

4. KU. SOUMYA TIWARI D/O LATE SANTOSH TIWARI, AGED ABOUT 17 YEARS, OCCUPATION: STUDENT, MINOR THROUGH LEGAL GUARDIAN MOTHER WD. GAYATRI TIWARI I.E. APPELLANT NO.1 R/O KATRA MOHALLA, DHOBIYA TANKI, POLICE STATION CITY KOTWALI, DISTRICT REWA (MADHYA PRADESH)

.….APPELLANTS Signature Not Verified Signed by: SARSWATI (BY SHRI ARUBENDRA SINGH PARIHAR - ADVOCATE )

AND

1. JITENDRA SINGH @ LALLU SINGH S/O RAMSIYA SINGH, AGED ABOUT 34 YEARS, VILLAGE AJGARHA POLICE STATION VISHWAVIDYALAYA DISTRICT REWA (MADHYA PRADESH)

2. ROSHANLAL SINGH S/O SHRI RAMDEV SINGH R/O VILLAGE DADHI TOLA, DAVMAU DALDAL, POLICE STATION RAMPUR BAGHELAN, DISTRICT SATNA (MADHYA PRADESH)

3. MEGMA GENERAL INSURANCE CO.

LTD. MEGMA HOUSE 24 PARK STREET, KOLKATA (WEST BENGAL)

.....RESPONDENTS (BY SHRI RAKESH SINGH - ADVOCATE FOR RESPONDENT NO.2 AND SMT.PREETI GUPTA –

ADVOCATE FOR RESPONDENT NO.3 )

_______________________________________________________________

This appeal coming on for admission this day, the court passed the following: O R D E R With consent learned counsel for the parties, heard finally at motion stage.

2. This miscellaneous appeal has been filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988, being aggrieved by award dated 21.11.2022 passed by 1st Additional Motor Accident Claims Tribunal to 1^st Signature Not Verified Signed by: SARSWATI Additional MACT, Rewa, District Rewa in MACC No.200135/2015 for enhancement of compensation.

3. Learned counsel for the appellant submits that tribunal has determined deceased’s income as Rs.4,000/-. Further, it is also urged that on the date of accident, minimum wages of an unskilled labour were Rs.5,845/-. Therefore, compensation awarded by the tribunal be suitably enhanced.

4. Learned counsel for the respondent/Insurance has submitted that compensation awarded by the Tribunal is just and proper and no enhancement is required. Learned counsel for the respondent/Insurance Company submits that applicant No.2 is IT passed out. Therefore, he cannot be treated as dependent of deceased. Therefore, 1/3rd should have been deducted for personal and living expenses. Hence, appeal filed by appellant be dismissed.

5. Learned counsel for the respondent/owner/driver has supported that the impugned award passed by the tribunal.

6. I have learned counsel for the parties and perused record of the case.

7. So far as income of decease is concerned, on the date of accident minimum wages of an unskilled labour were Rs.5845/-. There is no dispute with respect to future prospect to be added and multiplier to be applied.

8. So far as deduction, for personal and living expenses are concerned, no cross objection/Cross appeal has been filed on behalf of Insurance Company, therefore, above aspect cannot be gone into this appeal.

Signature Not Verified Signed by: SARSWATI

9. In view of above, compensation is recalculated as under:

10. Hence, in view of above, appellants are entitled to receive enhanced amount of Rs.2,37,451/-

11. Enhanced amount Rs.2,37,451 /- shall carry interest at the