IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE PRADEEP MITTAL

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ON THE 15 OF OCTOBER, 2025 MISC. APPEAL No. 4307 of 2023 RAJKISHIRE BAIS AND OTHERS Versus PRAMOD KUMAR BAIS AND OTHERS Appearance:

Shri Arubendra Singh Parihar - Advocate for appellant.

Ms Anjalee Benarjee - Senior Advocate with Shri Shail Patel -

Advocate for respondent No.3.

ORDER This miscellaneous appeal under Section 173 (1) of the Motor Vehicle Act, 1988 has been filed against the award dated 17.03.2023 passed by Member, Motor Accident Claims Tribunal, Rewa, District Rewa in M.A.C.C. No.276/2019.

2. Since the factum of accident is not in dispute, therefore, it is suffice to mention here that on 13.02.2019, the deceased Sourabh Vaisya aged about 16 years lost his life in a vehicular accident.

3. Challenging the quantum of compensation awarded by the Claims Tribunal, it is submitted by the counsel for the appellants that the Claims Tribunal has wrongly assessed the notional income of the deceased as Rs.6,500/- per month whereas as per the notification issued under the Minimum Wages Act, the minimum wages of an unskilled labourer on the date of the accident were Rs.7375/- per month. It is further submitted by the counsel for the appellant that the deceased was student.

4. Per contra, the counsel for the respondents has supported the award passed by the Claims Tribunal.

5. Considered the submissions made by the counsel for the parties.

6. The counsel for the appellant is right in making a submission that the notification issued under the Minimum Wages Act can be a guiding factor for ascertaining the notional income of the deceased and on the date of accident, the monthly wages of an unskilled labourer were Rs.7375/-.

7. The contention of the counsel for the appellants that even otherwise, the monthly wages of an unskilled labourer as per the notification issued under the Minimum Wages Act on the date of accident were Rs.7,375/- is acceptable.

8. Accordingly, the appellants may be entitled for following compensation award.

Sr.

Particulars Amount No.

1. Monthly Income of the deceased Rs. 7375/-

2. Yearly income Rs.88,500/- 3. Deduct 1/2 towards personal expenses Rs.44,250/-

Applying mutiplier of 18 as the deceased was 16

4. Rs.7,96,500/-

years old Rs.

5. Add 40% towards future prospects

11,15,100/-

6. Other Heads Awarded by Tribunal Rs. 1,63,500/-

Total Compensation Rs.12,78,600/-

9. The appeal was valued at Rs. 2,00,000/-, and court fees were paid accordingly. However, since the compensation has now been enhanced to Rs. 12,78,600/-, i.e., by an additional Rs. 3,59,100/-, the enhanced amount exceeds the appeal valuation by Rs. 1,59,100/-.

10. During the argument, learned counsel for the appellant submits that the appellants do not want to pay the additional court fee on the enhanced amount and therefore, they seek to restrict their claim for enhancement to Rs. 2,00,000/-, for which court fee of Rs. 5,000/- has already been paid.

11. The submission is accepted, and accordingly, the compensation is enhanced only to the extent of Rs. 2,00,000/-, in addition to the amount already awarded by the Claims Tribunal.

12. With the aforesaid modification, the award dated 17.03.2023 passed by the Member, Motor Accident Claims Tribunal, Rewa, in M.A.C.C. No. 276/2019, is affirmed. The appellants shall be entitled to an additional compensation of Rs. 2,00,000/-, over and above the amount awarded by the Claims Tribunal. The other terms and conditions of the award shall remain intact. The enhanced amount shall also carry interest @ 7/- from the date of filing of claim application before the Tribunal.

13. The appeal succeeds and is accordingly allowed to the extent indicated above.

(PRADEEP MITTAL)

JUDGE Praveen