IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI

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ON THE 10 OF FEBRUARY, 2026 MISC. APPEAL No. 2345 of 2021 USHA BAI AND OTHERS Versus KALE KHA AND OTHERS Appearance:

Shri Rahul Yadav - Advocate for the appellants.

Shri Anil Kumar Goyal - Advocate for the respondent No. 3.

ORDER Feeling aggrieved by the impugned award dated 17.05.2019 passed in Claim Case No. 57/2018 (Ushabai & Anr. vs. Kale Khan & Ors.) whereby an amount of Rs.6,34,800/- has been awarded by the learned Claims Tribunal.

02. Learned counsel for the appellants submits that income of the deceased has been guessed to Rs.4000/- per month only whereas if the circular prevailing under Minimum Wages Act on the date of accident has been taken into account, income should have been Rs.6,474/- per month. He further submits that looking to the age of the deceased 20 years and was bachelor, 40% of the income should have been awarded in the head of future prospects and 1 & 1/2 will be deducted in the head of personal expenses as directed in the case of Smt. Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121. On these submissions, learned counsel prays for enhancement.

03. Per contra, learned counsel for the respondent-Insurance Company opposed the prayer on the ground that looking to the facts and circumstances of the case and evidence available on record, the order has been passed which cannot be said to be on lower side, hence prays for dismissal of the appeal.

04. Heard and considered the submissions raised by learned counsel for the parties and perused the record.

05. It is undisputed that where income of the deceased is taken on guess work, it should be taken as per Circular under Minimum Wages Act prevailing on the date of the accident. In the instant case, the income of the deceased as per aforesaid Circular as unskilled labourer comes to Rs.6474/-.

06. The age of the deceased 20 years at the time of accident is not in dispute. Hence, as per para 59.4 of the judgment passed in the case of National Insurance Company Limited Vs. Pranay Sethi and Others, (2017) 16 SCC 68 , 40% is added in the head of Future Prospects. Looking to two nd survivors of the deceased, 1/2 has been deducted towards personal expenses and multiplier will be 18.

07. In the light of para 59.8 of Pranay Sethi's (Supra) judgment, in the head of Loss of Consortium Rs.40,000/- each survivor is to be added and in the heads of Loss of Estate and Funeral Expenses Rs.15,000/- each is to be added.

08. Accordingly, the just and proper compensation comes as under:

Filial Rs.80,000/- (Rs.40,000/- x 2)

Consortium:

Loss of Estate: Rs.15,000/- Funeral Expenses: Rs.15,000/-

Total: Rs.10,88,868/-

MACT Award: (-)Rs.6,34,800/-

Award reduced by: Rs.4,54,068/- (Rs.4,54,100/- round up)

0 9 . Thus, the amount is enhanced and appellants / claimants are entitled to an additional amount of Rs.4,54,100/- over and above the amount, which has been awarded by the Claims Tribunal.

10. This appeal has been valued at Rs.2,00,000/- and the appellants are required to pay requisite court fees as per the prevailing slab on the enhanced amount i.e. Rs.2,54,100/- within a period of 30 days from, thereafter, the same will be disbursed to the appellants. It is made clear, in case the court fees is not paid within the stipulated period, the appellants will not be entitled for claiming interest on the enhanced amount beyond 30 days' period till filing of requisite court fee.

11. Resultantly, the appeal filed by the appellants / claimants is allowed to the extent as indicated herein-above. The other terms and conditions including interest part of the impugned award shall remain intact.

(BINOD KUMAR DWIVEDI)

JUDGE soumya