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HIGH COURT OF MADHYA PRADESH
Smt. Vimla Devi – Appellant
Versus
Mukesh Singh Tomar – Respondent
Key Points: - The court discusses enhancing compensation from 15% to 25% as future prospects per Pranay Sethi (!) - It applies a multiplier of 13 based on Sarla Verma and related jurisprudence (!) - It includes loss of consortium and loss of estate, with deduction of 1/3 for personal expenses (!) - It computes total compensation as Rs. 8,81,070, an increase of Rs. 64,884 over the tribunal award (!) (!) - The enhanced compensation is to bear the same interest rate as the original award and be paid within three months (!) - The date of accident, negligence, and liability were not in dispute; tribunal findings on those aspects are final (!) (!) - Income of the deceased determined at Rs. 6,239 per month; annual Rs. 74,868 (!) (!) - After future prospects at 25%, deduction of personal expenses, and multiplier 13, the final heads include loss of consortium Rs. 40,000 and loss of estate and funeral expenses Rs. 30,000 (!) (!) (!) - The appeal is partly allowed; tribunal award enhanced by Rs. 64,884; other terms remain (!) - If enhanced amount exceeds appeal valuation, differential court fee to be deposited within one month (!)
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH
ON THE 26 OF FEBRUARY, 2026 MISC. APPEAL No. 4849 of 2018 SMT. VIMLA DEVI AND OTHERS Versus MUKESH SINGH TOMAR AND OTHERS Appearance:
Shri Hemant Kumar Goyal- Advocate for appellants/claimants.
Shri Rajesh Kumar Gupta- Advocate for respondent No.3/Insurance Company.
ORDER This miscellaneous appeal has been filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988, being aggrieved by the Award dated 20/07/2018 passed by the Third Additional Motor Accident Claims Tribunal, District- Gwalior (M.P.) (hereinafter referred to as “the Claims Tribunal”) in Claim Case No.127/2016, on the ground of inadequacy of compensation and seeking enhancement thereof.
2. The date of accident, negligence, and liability are not in dispute.
The findings recorded by the Claims Tribunal on these aspects have attained finality and are not under challenge in the present appeal.
3. As per the findings recorded by the Claims Tribunal, in the case of death of Ramjbaran Singh in the motor accident, the Claims Tribunal awarded compensation to the tune of Rs. 8,16,186/- along with interest in favour of claiman
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