IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH

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ON THE 12 OF FEBRUARY, 2026 MISC. APPEAL No. 1053 of 2017 AZAZ KHAN AND OTHERS Versus KALYAN SINGH AND OTHERS Appearance:

Shri Akhlesh Kumar Gupta - Advocate for the appellants/claimants. Shri Nirendra Singh Tomar-Advocate for respondent No.3/Insurance Company.

ORDER This miscellaneous appeal has been preferred by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988, being aggrieved by the Award dated 07/09/2017 passed by the Eleventh Additional Motor Accident Claims Tribunal, Gwalior (M.P.) (hereinafter referred to as “the Claims Tribunal”) in Claim Case No.143/2016, on the grounds of inadequacy of compensation as well as total exoneration of the Insurance Company from its liability. The appellant seeks enhancement of compensation and setting aside of the findings absolving the Insurance Company.

2. Brief facts of the case are that 2 8.01.2014 at around 7.00 pm, the deceased Parveen was going towards Rithora on a motorcycle with her son Shakir. As the motorcycle reached near the Naugaon canal, the people sitting on tractor bearing registration No. MP30/AA-5904 were quarrelling among themselves. The deceased Parveen's son was slowly taking his motorcycle out from the side of the tractor. At that very moment, the tractor driver drove the tractor rashly and carelessly, due to which the tractor bearing registration No. MP30/AA-5904 collided with the motorcycle and Parveen was dragged along with the motorcycle for a long distance, due to which Parveen suffered severe bruises and lacerations on both her knees, arms and shoulders and severe bruises on her chest. From the accident spot, Parveen was taken to the District Hospital, Morena for treatment. After first aid, she was sent to Gwalior and thereafter, the deceased Parveen was admitted to Saraswati Hospital, Kampu, where, due to lack of proper and satisfactory treatment, she was referred to J.A. Hospital, Gwalior. During treatment at J.A. Hospital, Gwalior, Mrs. Parveen died on 02.02.2014 due to injuries sustained in the accident. The said accident report was registered against the driver/respondent No. 1 at Police Station-Rithorakala, District Morena. After investigation, charge sheet was filed against driver of offending vehicle.

3. Thereafter, the claimants filed the claim petition before the Claims Tribunal seeking compensation. Respondents filed their reply denying the allegations made in the claim petition.

4. After framing the issues and recording evidence of both the parties, the Claims Tribunal awarded the compensation amount in favour of claimants exonerating Insurance Company from its liability.

5. Being aggrieved by the impugned award, the appellants have preferred the present appeal on the ground that the award passed by the Claims Tribunal is contrary to law and facts and, therefore, deserves to be set aside. Learned counsel for the appellants submits that the Claims Tribunal has erred in assessing the income of the deceased on the lower side despite there being sufficient evidence on record regarding her earnings. It is contended that in absence of strict documentary proof, the Tribunal ought to have assessed the income in accordance with the prevailing minimum wages under the Minimum Wages Act. Failure to do so has resulted in awarding inadequate compensation.It is further submitted that the Claims Tribunal has committed a grave error in recording a finding that the deceased was sitting on the tractor at the time of the accident. According to the evidence available on record, the deceased was travelling on a motorcycle and the tractor in question dashed against the motorcycle, resulting in the accident. Therefore, the finding of the Claims Tribunal that the deceased was sitting on the tractor is perverse and contrary to the evidence on record and deserves to be set aside. It is thus prayed that the impugned award be modified accordingly and the Insurance Compa