Madhya Pradesh High Court
Baijanti Bai vs Vishnu Lodhi on 15 May, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
NEUTRAL CITATION NO. 2025:MPHC-JBP:23549
1 MA-3656-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 15 th OF MAY, 2025
MISC. APPEAL No. 3656 of 2024
BAIJANTI BAI AND OTHERS
Versus
VISHNU LODHI AND OTHERS
Appearance:
Shri Ramraj Chouhan - Advocate for the appellants.
None for respondent nos. 1 and 2 inspite service of notice.
Shri Sanjeev Kumar Mishra - Advocate for the Insurance Company.
ORDER
Record of the claims tribunal is received.
2. The instant appeal is filed by the claimants for enhancement of compensation of Rs.10 lacs. The court fee of Rs.25,000/- has been paid.
3. Vide award dated 9.2.2024 learned 12th Additional Accident Claims Tribunal, Jabalpur in MACC No.1949 of 2021 (Valliram and others Vs. Vishnu Lodhi and others) awarded a compensation of Rs.9,66,700/- for the death of Ram Singh Gound.
4. It is submitted by learned counsel for the appellant that as per story ram Singh Gound expired in an accident while he was driving Tata 407 bearing No. M.P>20 G.A.9424 via Patan bypass to Chargawan. Learned Tribunal treated the deceased as unskilled worker. Shri Chouhan, learned counsel for the appellants submits that the deceased should have been treated as skilled labour and compensation should have been awarded accordingly.
5. Learned counsel for the Insurance Company submits that the claimants who are dependents of the deceased have not filed any document to establish as to Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-05-2025 11:09:00 NEUTRAL CITATION NO. 2025:MPHC-JBP:23549 2 MA-3656-2024 what was the salary of the deceased assuming he was working as a driver and mother of the claimants has admitted that she did not know as to where her son (deceased) was working.
6. In the considered view of this court when this fact is not disputed that Ram Singh Gound died while working as a driver, therefore looking to the liberal rules of procedure and Evidence Act in claim cases, this fact cannot be disputed that the deceased was working as a Driver, then he can be compensated with minimum wages for driving (skilled person) under the Labour Act.
7. In Para-37 the monthly income of the deceased was taken at Rs.8400/- per month at the time of accident, therefore calculation done by learned tribunal is erroneous.
8. In the case of Indra and another Vs. Jagdish Chandra and another passed in S.B. Civil Misc. Appeal No.215 of 2024 in para 8 it was held as under :-
"Having perused the impugned award, at the out I may express my opinion that the learned Tribunal's approach has been wholly unrealistic, unduly pedantic, hypertechnical and very narrow leading to the too low assessment of the income potential of the deceased. the MACT awarded Rs.12,52,429 based on the minimum wage for a skilled worker (Rs.7,774/- per month), even though the deceased, Sunil Bishnoi, was a second-year MBBS student, having clear NEET - one of India's toughest competitive exams."
9. In view of above citation, this court deems fit to take monthly income of the deceased at Rs.10365/- per month and the calculation would be as below :-
Monthly Income of the deceased :- Rs.10365/- Future prospects (25% of monthly income) Rs.12956.25 (Rs.10365 plus Rs.2591.25) Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-05-2025 11:09:00 NEUTRAL CITATION NO. 2025:MPHC-JBP:23549 3 MA-3656-2024 Annual Income Rs.12956 x 12 = 1,55,475/-
Personal and living expenses (1/2) Rs.77,737.5 (Rs.1,55,475 -
Rs.77,737.5)
Multiplier 14 (Rs.77,737 x 14 =
Rs.10,88,325/-.
Loss of Estate Rs.18,150/-,
Loss of Consortium Rs.48400/-
Funeral Expenses Rs.18,150/-,
_____________________________________________________________ ___ Total amount of compensation comes to Rs.11,73025/- Minus Rs.9,66,700/- already awarded by the tribunal, enhancement comes to Rs.206325/ -
10. The rate of interest and others shall remain the same as already held by the claims tribunal.
11. The appeal is allowed and disposed of to the extent as indicated above.
(AVANINDRA KUMAR SINGH) JUDGE bks Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-05-2025 11:09:00