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,