IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 09 OF FEBRUARY, 2024 MISCALLENOUS APPEAL No. 2653 of 2023 BETWEEN:-

1. SMT SARASWATY BAI JHARIYA W/O LATE GIRISH KUMAR JHARIYA, AGED ABOUT 41 YEARS, OCCUPATION: HOUSEWIFE R/O KENDRIYA VIDHYALAYA STAFF QUARTER NARSIGHPUR (MADHYA PRADESH)

2. GIRISH JHARIYA S/O MULCHAND JHARIYA, AGED ABOUT 48 YEARS, OCCUPATION: SERVICE R/O KENDDRIYA VIDHYALAYA, STAFF QUARTER, NARSINGHPUR (MADHYA PRADESH)

3. JYOTY MEHRA D/O GIRISH KUMAR JHARIYA, AGED ABOUT 25 YEARS, OCCUPATION: HOUSE WIFE R/O KENDDRIYA VIDHYALAYA, STAFF QUARTER, NARSINGHPUR (MADHYA PRADESH)

.….APPELLANT (BY SHRI NEERAJ ASHAR - ADVOCATE)

AND

1. RAJESWH KUAMR MEHRA S/O SHANKARLAL MEHRA R/O H NO 104 HINOUTIYA VILALGE HINOURIYA TEHISL KARELI DISTRICT NARSINGHPUR AT PRESENT Signature Not Verified Signed by: VAISHALI BHAGAT SINGH WARD SEONI (MADHYA PRADESH)

2. CHOLA MANDALAM GENERAL INSURANCE COMPANY LTD. THROUGH MANAGER OFFICE NEAR GULGAR HOTAL, CHHOTI LIEN FATAK, NAGPUR ROAD, JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ROHIT JAIN - ADVOCATE )

_______________________________________________________________

This appeal coming on for admission this day, the court passed the following:

ORDER

With the consent of parties, the matter is finally heard 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 29.08.2022 passed by 4^th Additional MACT, Sihora, Jabalpur in MACC No.2545/2018 seeking enhancement of compensation amount awarded by the Tribunal.

3. Learned counsel for the appellant submits that Tribunal has wrongly determined deceased’s monthly income, whereas, it should have been determined on the basis of minimum wages. Further, no consortium has been awarded to sister and father of deceased. Therefore, compensation awarded by the Tribunal be suitably enhanced.

Signature Not Verified Signed by: VAISHALI

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

6. So far as income of deceased’s is concerned, on the date of accident, minimum wages of an unskilled labour were Rs.7,325/-. There is no dispute with respect to multiplier to be applied, deductions to be made and future prospects to be added

7. Further, appellant No.2, father of deceased is also entitled to receive consortium at the rate of Rs.40,000/-.

8. In view of above, compensation awarded by Tribunal is recalculated as under:-

Signature Not Verified Signed by: VAISHALI

9. In view of above, appellant is entitled to enhance amount of i.e. Rs.2,33,340/- 10. Enhanced amount Rs.2,33,340/- shall carry interest at the rate awarded by the Tribunal. Other findings recorded by the Tribunal shall remain intact.

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

(ACHAL KUMAR PALIWAL JUDGE vai Signature Not Verified Signed by: VAISHALI