ORDER
This Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant(s) assailing the impugned award dated 26.07.2022 passed by Motor Accident Claims Tribunal, (West Neemar), Mandleshwar, District Khargone (M.P.) in Claim Case No.47/2021, whereby an amount of Rs.3,81,000/- along with interest has been awarded to the survivors of the deceased Smt. Kalabai W/o. Kaluram, who passed away in road traffic accident which occurred on 18.2.2020 involving the offending vehicle Motorcycle bearing registration No. M.P. 10 MY 2302. 2 . Learned counsel for the appellants submits that the income of the deceased has been assessed as Rs.3000/- per month which is on the lower side, whereas as per the circular issued under the Minimum Wages Act by the Labour Department of State of Madhya Pradesh/NALSA guidelines, the income of an unskilled labour on the date of incident is Rs.7950/-. As per the
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judgment of the Apex Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi & Ors. (2017) 16 SCC 680 it is submitted that looking to the age of the deceased between 40 to 50 years, in the head of future prospects 10% of income should have been added. Learned counsel for the appellants submits that in the head of filial consortium only Rs.77,000/- has been awarded by the learned Claims Tribunal whereas appropriate amount for filial consortium head would be Rs.88,000/- (2 members husband and son Rs.44,000/- each). On these submissions, she prays for allowing the appeal by enhancing the appropriate award amount.
3. Per contra, learned counsel for the respondent/Insurance Company has opposed the prayer on the ground that learned Claims Tribunal has taken due care of all the parameters for assessing just and proper compensation, therefore, no interference is required by allowing this appeal, hence prays for dismissal of the appeal.
4. Heard and considered the submissions made by the learned counsel for the parties and perused the record.
5. In light of the aforesaid, where the income of the deceased is taken on guess work, Circular issued under the Minimum Wages Act should be resorted to. Accordingly, on the date of accident i.e. on 18.2.2020 income of the deceased is to be taken as Rs.7950/- per month considering her as 'Unskilled Labour' and for this judgment passed by the Apex Court in Chandra @ Chanda @ Chandraram & Anr. vs. Mukesh Kumar Yadav , (2022) 1 SCC 198 shall be referred. Further looking to the age of the
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deceased between 40 to 50 years, in the head of future prospects, 15% of income is to be added as per directions given in para 59.3 & 59.4 of the judgment passed in the case of Pranay Sethi (supra) and multiplier of 11 has already been properly applied. In the head of consortium, claimants are entitled for filial consortium amount @ Rs.44,000/- each (two members husband and son) as per judgment passed in the case of Magma General Insurance Company Limited Vs. Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 which has been approved in the case of United India Insurance Company Limited vs. Satinder Kaur Alias Satwinder Kaur and Others (2021)
11 SCC 780. Accordingly, the just and proper compensation comes as under :-
Loss of (Rs.7950 x 12 = Rs.95,400 + 10% (FP) = Rs.1,04,940/- x 11 Dependency:
x 2/3rd = Rs.7,69,560/-
| Filial Consortium Rs.88,000/- Other heads Rs.33,000/- Total Amount: Rs.8,90,560/- MACT Awarded: Rs.3,81,000 Enhanced Amount: Rs.5,09,560/- |
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| Loss of Dependency: |
(Rs.7950 x 12 = Rs.95,400 + 10% (FP) = Rs.1,04,940/- x 11 x 2/3rd = Rs.7,69,560/- |
Filial
Consortium Rs.88,000/-
Other heads
Rs.33,000/- Total Amount: Rs.8,90,560/-
MACT
Awarded: Rs.3,81,000 Enhanced
Amount: Rs.5,09,560/-
6. Accordingly, the appellant(s) are entitled to an enhanced amount of Rs.5,09,560/- over and above the amount which has been awarded by the Tribunal.
7. The appeal is valued as 3 Lakhs and for the rest of the amount, the claimant(s) will pay the requisite Court fees within a period of 30 days from today and only thereafter enhanced amount will be disbursed. In case the
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appellant(s) fails to pay the requisite Court fees within a period of 30 days then beyond 30 days interest will not be payable till filing of the Court fees. The enhanced amount shall also carry interest at the same rate, which was fixed in the impugned award and the other terms and conditions of the impugned award shall remain intact.
8 . Accordingly, the appeal stands partly allowed and disposed off in above terms.
9 . Let a copy of this order along with the record be sent to the concerned claims tribunal for compliance of the order.
(BINOD KUMAR DWIVEDI)
JUDGE
SS/-
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