IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

nd

ON THE 2 OF FEBRUARY, 2026 MISC. APPEAL No. 2511 of 2014 PARASRAM AND OTHERS Versus KARULAL GURJAR AND OTHERS Appearance:

Shri Sachin Parmar - Advocate for the appellants.

None for respondents.

ORDER

1. This appeal has been filed under Section 173(1) of the Motor Vehicles Act, 1988 being aggrieved by the award dated 12.9.2014 passed by the learned Addl. Motor Accident Claims Tribunal, Neemuch (M.P.) in Claim Case No.124/2013 whereby, compensation of Rs.3,64,000/- has been awarded on account of death of Pankaj Prajapati in motor vehicle accident occurred on 29.8.2013.

2. Appellants are seeking enhancement of the impugned award on the ground of erroneous assessment of income and proper application of multiplier, incorrect deduction and inadequate award under conventional heads.

3. Brief facts of the case are that on 29th August, 2013 around 9.45 PM the deceased was met with an accident resulting grievous injuries and eventual death. FIR was registered and after investigation charge sheet was filed against the driver.

4. The claim petition under Section 166 of Motor Vehicles Act was filed by the legal representatives of the deceased claiming compensation of Rs.16,70,000/-. The tribunal after recording evidence held that accident has occurred due to rash and negligent driving of the offending vehicle and awarded a compensation of Rs.3,64,000/- with interest of 8% per annum.

5. Learned counsel for the appellants submits that tribunal erred in assessing the income of the deceased and failed to add appropriate future prospects. It is further contended that the deduction towards personal expenses is excessive and the multiplier applied is incorrect. Having regard to the age of the deceased, it is also argued that the compensation awarded under the heads of consortium, loss of estate, funeral expenses is inadequate and not as per the settled principle of law. On these grounds enhancement of the compensation is prayed.

6. Upon hearing the learned counsel for the appellants and upon perusal of the record, this Court finds that occurrence of accident and the finding of negligence recorded by the tribunal has attend finality.

7. Considering the evidence on record and the settled principle, the income of the deceased is to be reassessed at Rs.5,270/- per month as per the Minimum Wages Act, additionally towards future prospects at the rate of 40% is warranted in the view of the age and nature of the employment. The deduction towards the personal and living expenses is fixed at 1/2 being unmarried in accordance with settled law, the appropriate multiplier having regard to the age of the deceased is 18. The compensation under the heads of loss of consortium, loss of estate and funeral expenses are required to be enhanced in the light of prevailing norms or the law as laid down by the Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and others, 2017 (16) SCC 680. Accordingly the total compensation is calculated as under :-

Annual Income : Rs.5270 x 12 = 63240 future prospects (40%) : Rs.88536/-.

deduction 1/2 towards personal expenses : Rs.44,268/-.

multiplier (18) : (Rs.44,268 x 18) 7,96,824/-

Consortium : Rs.1,60,000/- Loss of Estate : Rs.15,000/-

Funeral Expenses : Rs.15,000/- , Total compensation : Rs.9,86,824/-.

Therefore, the appellants are now entitled to Rs.6,22,824/- as enhanced compensation, which shall be paid to them alongwith same rate of interest as awarded by the claims Tribunal from the date of filing of the claim application till the date of payment.

9. In view of the above discussion, the appeal is allowed in part. The impugned award dated 12.9.2014 passed by the MACT, Neemuch is modified to the extent as indicated hereinabove. The enhanced amount shall be deposited by the respondent No. 3 before the tribunal within a period of six weeks from the date of receipt of certified copy of the order, failing which execution may be take