Madhya Pradesh High Court
Mansharam vs Amul on 4 May, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:12835
1 MA-9961-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 4 th OF MAY, 2026
MISC. APPEAL No. 9961 of 2025
MANSHARAM S/O BADLAY SINGH
Versus
AMUL S/O LAKHAN BALAI AND ANOTHER
Appearance:
Appellant (s) - claimant (s) by Mr. Vijay Singh Chouhan - Advocate.
None appears for respondent No.1 - Owner and Driver of the offending
vehicle.
Respondent No.2 - Insurance Company by Ms. Priti Keshwani - Advocate.
ORDER
Heard on IA No.554 of 2026 , application under Section 173 (1) of the Motor Vehicles Act, 1988 read with Section 5 of the Limitation Act, 1963 for condonation of 19 days delay in filing the appeal. The aforesaid application has been formally opposed by the learned counsel appearing for respondent No.2 - Insurance Company. Heard and the aforesaid interlocutory application is allowed for the reasons stated therein and the aforesaid delay is hereby condoned.
With the consent of the learned counsel appearing for the parties, the matter is heard finally.
This miscellaneous appeal under Section 173 (1) of the Motor Vehicles Act, 1988 has been filed by the appellant assailing the impugned award dated 14.08.2025 passed by 19th Member, Motor Accident Claims Tribunal, Indore (M.P.) in Claim Case No.610 of 2024, whereby an amount of Rs.9,87,600/- along with 6% interest has been awarded to the appellant in an accident case took place Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 06-05-2026 19:30:43 NEUTRAL CITATION NO. 2026:MPHC-IND:12835 2 MA-9961-2025 on 09.10.2023.
2. This appeal is only on the point of income, which as per learned counsel for the appellant has been taken on lower side and the second point is disability, which as per the counsel is also taken on lower side. He further submits that Exhibit P/98 disability certificate, which has been discussed in para 20 of the impugned award has been proved by Dr. Bapat, examined as AW-3, who has given 100% disability with respect of kidney, 27% disability head and 20% disability in respect of urinary track. The Tribunal has taken overall disability as 30%, which is on lower side, therefore, prays for enhancing disability from 30% to 55%.
3. Learned counsel for the appellant submits that the income considered by the Claims Tribunal is on lower side, because income of the appellant was taken as Rs.9,825/- per month whereas as per the circular issued under the Minimum Wages Act by the Labour Department of State of Madhya Pradesh, the income of a semi skilled labour on the date of incident is Rs.10,500/- per month. Similarly, the Claims Tribunal has taken the disability at the rate of 30% whereas looking to the injuries suffered by the appellant, the percentage of permanent disability should have been taken at least 55% with respect to whole body. Hence, a prayer is made for enhancement of the compensation amount by allowing this appeal.
4. Per contra, learned counsel for the respondent / Insurance Company opposed the prayer on the ground that amount awarded by the learned Claims Tribunal is just and proper and no enhancement is required. All the factors have been considered by the learned Claims Tribunal while awarding the compensation amount. Hence, prays for dismissal of the appeal.
5. Heard and considered the rival submissions raised at bar by learned Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 06-05-2026 19:30:43 NEUTRAL CITATION NO. 2026:MPHC-IND:12835 3 MA-9961-2025 counsel for the parties and perused the record.
6. Looking to the evidence available on record with regard to the various injuries suffered by the injured appellant, his kidney was removed, head injury and urinary infection and fractures in 9 to 12 ribs, this Court is of the view that arguments advanced on behalf of the appellant for enhancing disability percentage is reasonable and therefore, it is enhanced from 30% to 55% in respect of the whole body.
7. In light of the aforesaid, where the income of the appellant 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 09.10.2023 income of the deceased is to be taken as Rs.10,500/- per month, considering him as 'semi skilled Labour' as he was performing advanced agricultural activities 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. The future prospects is considered as 40%, multiplier of '17' is adopted. Hence the just and proper compensation comes as under: -
Medical Rs.71,144/-
Expenses Calculation for (Rs.10,500/- pm x 12 = Rs.1,26,000/- + 40% (FP) Permanent Rs.50,400/- = Rs.1,76,400/- 55% (PD) Rs.97,020/- x 17 Disability multiplier = Rs.16,49,340/-
Pain and Rs.50,000/-
suffering
Special diet Rs.5,000/-
Attendant Rs.10,000/-
Conveyance Rs.5,000/-
Loss of income Rs.21,000/- (2 months)
Total Rs.18,11,484/-
MACT Award Rs.9,87,600/-
Actual
Enhancement Rs.8,23,884/-
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 06-05-2026
19:30:43
NEUTRAL CITATION NO. 2026:MPHC-IND:12835
4 MA-9961-2025
8. Accordingly, the appellant is entitled to an enhanced amount of Rs.8,23,884/- over and above the amount which has been awarded by the Tribunal.
9. Since the appeal has been valued at Rs.1,00,000/- only, therefore, the appellant is directed to pay additional court fees on the rest of the amount of Rs.7,23,884/- within a period of 30 days from today at the prevailing slab of court fees, thereafter, the same will be disbursed to the appellant. Other terms and conditions as well as other findings of the impugned award including rate of interest @ 6% shall remain intact.
10. Subject to payment of requisite additional court fees within the aforesaid period, the enhanced amount shall also carry interest at the same rate. It is made clear, in case the court fees is not paid within the stipulated period, the appellant will not be entitled for claiming interest on the enhanced amount beyond 30 days' period, till the payment of requisite court fees.
11. Resultantly, the appeal filed by the appellant / injured is allowed to the extent as indicated herein above. Let a copy of this order along with record be sent to the concerned Claims Tribunal immediately for information and necessary compliance.
(BINOD KUMAR DWIVEDI) JUDGE rcp Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 06-05-2026 19:30:43