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 con