IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 12 OF MARCH, 2024 MISC. APPEAL No. 5461 of 2022 BETWEEN:-

1. MUS. ARUNA SINGH PATEL W/O LATE INDRAJEET SINGH, AGED ABOUT 36 YEARS, OCCUPATION: HOUSEWIFE, R/O VILLAGE KUTAI, P.S. AND TEHSIL MAIHAR, DISTRICT SATNA, MADHYA PRADESH.

2. RAKHI SINGH D/O LATE INDRAJEET SINGH, AGED ABOUT 11 YEARS, STUDENT, MINOR, THROUGH NATURAL GUARDIAN MOTHER SMT. ARUNA W/O LATE INDRAJEET SINGH AGED ABOUT 36 YEARS, HOUSEWIFE, R/O VILLAGE KUTAI, P.S. AND TEHSIL MAIHAR, DISTRICT SATNA, MADHYA PRADESH.

3. DIVYA SINGH D/O LATE INDRAJEET SINGH, AGED ABOUT 16 YEARS, STUDENT, MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. ARUNA W/O LATE INDRAJEET SINGH AGED ABOUT 36 YEARS, HOUSEWIFE R/O VILLAGE KUTAI, P.S. AND TEHSIL MAIHAR, DISTRICT SATNA, MADHYA PRADESH.

4. SAHIL S/O LATE INDRAJEET SINGH, AGED ABOUT

13 YEARS, STUDENT, MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. ARUNA W/O LATE INDRAJEET SINGH AGED ABOUT 36 YEARS, HOUSEWIFE, R/O VILLAGE KUTAI, P.S. AND TEHSIL MAIHAR, DISTRICT SATNA, MADHYA PRADESH.

5. KIRTI SINGH D/O INDRAJEET SINGH, AGED ABOUT 18 YEARSR/O VILLAGE KUTAI, P.S. AND TEHSIL MAIHAR, DISTRICT SATNA, MADHYA PRADESH., 6. SAMPAT PATEL S/O LATE LAXMAN PATEL, AGED ABOUT 54 YEARSR/O VILLAGE KUTAI, P.S. AND TEHSIL MAIHAR, DISTRICT SATNA, MADHYA PRADESH., Signature Not Verified ....APPELLANTS (BY SHRI PREMENDRA SEN - ADVOCATE)

AND

1. VISHAL GOND S/O SHOBHARAM GOND, AGED ABOUT 28 YEARS, R/O PURANA BASAR, P.S. AND TEH. SURKHI, DISTRICT SAGAR, MADHYA PRADESH.

2. MAHESH KUMAR JAIN S/O BABULAL JAIN, AGED ABOUT 45 YEARS, R/O POLICE STATION AND TEHSIL SURKHI, DISTRICT SAGAR, MADHYA PRADESH.

3. UNITED INDIA INSURANCE CO. LTD. DIVISIONAL M ANAGER, DIVISION OFFICE SEMARIYA CHOURAHA, REWA ROAD, SATNA, DISTRICT SATNA, MADHYA PRADESH.

.....RESPONDENTS (BY SHRI UMA SHANKAR JAYASWAL -ADVOCATE FOR RESPONDENT NO.1 & 2)

(BY SHRI YASH KOSHAL ADVOCATE FOR RESPONDENT NO.3)

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

ORDER

With the consent of the parties, heard finally at motion state.

2. The present Miscellaneous Appeal has been filed under Section 173 (1) of Motor Accidents Act challenging the Award dated 17.01.2022 passed in M.A.C.C.No.06/2020 by First Additional MACT, Maihar, Satna, seeking enhancement of compensation.

3. Learned counsel for the appellant submit that deceased was having agricultural land and therefore, his income should have been determined treating him as skilled labourer on the date of accident and minimum wages of unskilled labour was 10,185/-. Therefore, compensation awarded by Tribunal be suitably enhanced.

Signature Not Verified

4. Learned counsel for the respondents submit that Tribunal has rightly determined monthly income of deceased as Rs.6,625/- per month treating him as unskilled labourer. No enhancement is required in monthly income of deceased and he cannot be treated as skilled labourer. Therefore, no ground for enhancement is made out. Hence, appeal filed by the appellant be dismissed.

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

6. Perusal of Khasra (Ex.P-10) reveal that deceased was having agricultural land. Therefore, it would be just and proper to determine monthly income of deceased treating him as skilled labourer on the date of accident and minimum wages of skilled labour on the date of accident were Rs.10,185/- per month.

7. In view of age of deceased 40% is to be added as future prospects.

1/4th is to be deducted for personal and living expenses and multiplier of 15 is to be applied.

8. Appellants are also entitled to receive Rs.40,000/- for loss of Consortium and not Rs.44,000/-. Similarly appellants are also entitled to Rs.15,000/- for loss of Estate and Funeral Expenses and not Rs.16,500/-. 9. Hence, in view of above, compensation awarded by Tribunal is recalculated as under:-