IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

ON THE 1ST OF MARCH, 2024 MISCELLANEOUS APPEAL NO.2368 OF 2020 BETWEEN:-

SMT. KASIA BAI W/O LATE SHRI MANGAL SINGH, AGED ABOUT 73 YEARS, R/O 50/3, BAWADIYAKALA, TEHSIL HUJOOR, DISTRICT BHOPAL (M.P.)

.....APPELLANT (SHRI R.P. MISHRA - ADVOCATE)

AND

1. SHRAWAN DAS SHARMA S/O SHRI DWARKA DAS SHARMA, R/O H.NO. 26, JAIN MANDIR ROAD, FACE-2, GUFA MANDIR, TEHSIL HUJOOR, DISTRICT BHOPAL (M.P.)

2. THE NEW INDIA INSURANCE COMPANY LIMITED THROUGH REGIONAL OFFICE, T.P. HUB, BLOCK NO.3, 2ND FLOOR, PARYAWAS BHAWAN, ARERA HILLS, DISTRICT BHOPAL (M.P.)

.....RESPONDENTS (NONE FOR RESPONDENT NO.1, THOUGH SERVED AND SHRI ASHISH KUMAR VAIDYA – ADVOCATE FOR RESPONDENT NO.2)

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

O R D E R

Heard on admission.

Admit.

Signature Not Verified Signed by: SANTOSH With the consent of parties, final arguments heard.

This is an appeal filed by the appellants/claimants under Section

173(1) of the Motor Vehicles Act, 1988 against the award dated 11/11/2019 passed by 19^th Additional Member Motor Accident Claims Tribunal, Bhopal (M.P.) in MACC No.3873/2018. By the impugned award, the learned Claims Tribunal awarded a total sum of Rs.2,20,000/- (Two Lakhs Twenty Thousand) with interest @ 7% per annum to the appellants/claimants for the death of Mangal Singh, aged about 77 years, who died in motor vehicle accident. According to claimants i.e. appellants herein, the compensation awarded by the learned Claims Tribunal is on lower side and hence, needs to be enhanced.

2. Since, this Appeal is for the enhancement in the compensation amount awarded by the Claims Tribunal, hence the question that arises for consideration is whether any case for enhancement in compensation awarded by the learned Claims Tribunal on facts and evidence adduced, is made out and if so to what extent?

3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of appellants/claimants by the Tribunal. Secondly, the findings though recorded in favour of claimants are not under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of filing an appeal or cross-objection. In this view of the matter, there is no justification to burden this order by detailing facts on all these issues.

4. Learned counsel for the appellants submits that in a motor accident which took place on 23/05/2018, Mangal Singh aged about 77 Signature Not Verified Signed by: SANTOSH years died leaving behind his wife. As the deceased was an unskilled labourer, therefore, learned Tribunal assessed the income of deceased @ Rs.3750/- (Three Thousand Seven Hundred Fifty) per month, which comes to Rs.45,000/- (Forty Five Thousand) per annum and keeping in view the number of dependents, learned Claims Tribunal deducted 1/3 towards personal expenses i.e. Rs.15,000/-(Fifteen Thousand), therefore, yearly dependency on family comes to Rs.30,000/-(Thirty Thousand) per year . Keeping in view the age of deceased also applied the multiplier of 5 and awarded a sum of Rs.1,50,000/- (One Lakh Fifty Thousand) towards loss of dependency and awarded Rs.15,000/- (Fifteen Thousand) towards funeral expenses, Rs.15,000/- (Fifteen Thousand) towards loss of estate and Rs.40,000/- (Forty Four Thousand) towards loss of consortium to wife/appellant. Learned Tribunal awarded total sum of Rs.2,20,000/- (Two Lakhs Twenty Thousand).

5. Learned counsel for the appellants further submitted that learned claims Tribunal has assessed the income of deceased Rs.3,750/-(Three Thousand Seven Hundred Fifty), however, as per Minimum Wages Act, same should be assessed as Rs.7,