IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI ON THE 13^th OF FEBRUARY, 2026 MISC. APPEAL No. 7118 of 2024 RAJESH Versus DINESH AND OTHERS Appearance:

Ms. Priya Dubey on behalf of Shri Sachin Parmar, learned counsel for the appellant.

Shri Anil Kumar Goyal, learned counsel for the respondent [R-3].

ORDER This Miscellaneous Appeal has been preferred under Section

173(1) of the Motor Vehicles Act, 1988 against the impugned award dated 05.07.2024 passed in MACC No. 866/2016 wherein appellant/injured Rajesh has been awarded an amount of Rs.3,52,400/-.

02. It is not in dispute that incident took place on 20.01.2016 wherein offending vehicle Pick Up No. M.P. 09 GF 4721 was found driven rashly and negligently by its driver respondent No. 1. In the accident, appellant suffered grievous injuries which resulted in his disablement.

03. Learned counsel for the appellant submits that appellant was

31 years old at the time of incident, hale and hearty person and having a job of driver. Even though his income has been mentioned as Rs.8000/- per month in the claim petition, but as per Circular issued under Minimum Wages Act coming under skilled labouerer, income should have been taken as Rs.8810/- per month. She further submits that 40% of the income should have been added in the head of future prospects as per para 59.4 of the judgment passed in National Insurance Company Limited Vs. Pranay Sethi and Others (2017) 16 SCC 680. She further submits that the learned Claims Tribunal has awarded a very meager amount on the head of transportation expenses which at least should be enhanced to Rs.5000/-. On these submissions, learned counsel prays for enhancement of the award.

0 4 . Learned counsel for the insurance company submits that learned Claims Tribunal has rightly assessed the income as was claimed by the injured and has given an amount of Rs.3,52,400/- in the head of just and proper compensation which need not be disturbed, hence prays for dismissal of the appeal.

0 5 . Heard and considered the submissions made by learned counsel for the parties and perused the record.

06. From perusal of the record, it is apparent that though income as mentioned in the claim petition is Rs.8000/-, but it is also apparent that learned Claims Tribunal has treated the appellant as skilled labourer and as per circular issued under Minimum Wages Act, income of the skilled labourer on the date of accident i.e. 20.01.2016 comes to Rs.8810/-, therefore, the income is assessed as Rs.8810/-, Rs.5000/- is awarded in transportation expenses, multiplier of 16 will be applicable and looking to the age of the injured and permanent disability which has been assessed as 15% by the learned Claims Tribunal is required to be maintained.

0 7 . Accordingly, the just and proper compensation comes as under:

Income per month Rs.8810/- - (15% Permanent Disability)

Permanent Rs.1322 x 12 = Rs.15,864/- + Rs.6346/- = Rs.22,210/- x 16 disability (multiplier) = Rs.3,55,360/-

For medical expenses Rs.75,000/-

For pain and Rs.40,000/-

suffering For special Rs.5,000/-

diet For

5000/-

transportation Total: Rs.4,80,360/-

MACT (-) Rs.3,52,400/-

Award: Award Rs.1,27,960/-

reduced by:

08. Thus, the amount is enhanced and appellant/injured is entitled to an additional amount of Rs.1,27,960/- over and above the amount, which has been awarded by the Claims Tribunal.

09. Since the appeal has been valued at Rs.40,000/- only, the enhanced amount is Rs.1,27,960/-, therefore, on the remaining amount of Rs.87,960/- additional Court fee at prevailing slab will have to be paid within a period of 30 days from today, failing which the additional amount of Rs.87,960/- will not carry interest after 30 days till the payment of court fee. The other terms and conditions including rate of interest of the impugned award shall remain intact.

10. Resultantly, the appeal is allowed and disposed off to the extent herein above indicated.

(BINOD KUMAR DWIVEDI)

JUDGE soumya