Rajasthan High Court - Jodhpur

Smt. Nirmal vs Rajendra Prasad (2025:Rj-Jd:44827) on 13 October, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:44827]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1648/2024

1.       Smt. Nirmal D/o Late Ghisu Lal, Aged About 36 Years,
2.       Smt. Mena W/o Late Shri Padamchand, Aged 47 Years,
3.       Smt. Geeta W/o Shri Anil @ Anil Kumar, Aged 45 Years,
4.       Trilok Chand S/o Late Shri Ghisu Lal, Aged 50 Years,
         R/o Hospital Road, Ward No.6, Kuchera, Tehsil Mundawa,
         District Nagaur At Present House No. 63-64, Bhagat
         Vatika Civil Line, Jaipur.
5.       Smt. Munni Devi W/o Moti Lal, Aged About 54 Years, D/o
         Ghisu Lal, R/o Neareby Chopra School Gangasar, Bikaner.
                                                                   ----Appellants
                                    Versus
1.       Rajendra Prasad S/o Prabhu Dayal, R/o Singod Kalla, Via
         Khejroli, Tehsil Chamu, P.s. Govindgarh, District Jaipur.
         (Driver/owner Of Vehicle No. Rj-05-Ua-5594)
2.       Rajendra Kumar S/o Shri Murari Lal, R/o 28 Stl 268,
         Satlaj Apartment Pratapnaga, Sanganer, Jaipur. (Regt.
         Owner Of Vehicle No. Rj05-Ua 5594)
3.       Reliance General Insurance Company Ltd., Divisional
         Office 2Nd Floor, Amar Plaza Hotel, Moti Mahal And
         Nearby Jln, Ajmer. (Insurance Co. Of Vehicle No. Rj-05-
         Ua-5594)
4.       Sunil S/o Late Shri Ghisu Lal, R/o Hospital Road, Ward
         No.6, Kuchera, Tehsil Mundawa, District Nagaur.
                                                                 ----Respondents


For Appellant(s)          :     Mr. Narpat Ram, Adv.
For Respondent(s)         :     Mr. Vishal Singhal, Adv. for Insurance
                                Company



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

13/10/2025

Instant misc. appeal has been filed by the appellants-

claimants under Section 173 of the Motor Vehicles Act, 1988,

assailing the impugned judgment & award dated 01.02.2024

passed by learned Judge, Motor Accident Claim Tribunal, Nagaur

(hereinafter referred to as "the learned MACT/Tribunal") in MAC

(Uploaded on 15/10/2025 at 04:11:40 PM)

[2025:RJ-JD:44827] (2 of 6) [CMA-1648/2024]

Case No.92/2019 titled as "Smt. Nirmal & Ors. Vs. Rajendra

Prasad & Ors.", whereby the learned Tribunal partly allowed the

claim petition filed by the appellants/claimants and awarded a

meager compensation of Rs.1,00,000/-.

Brief facts of the case are that the appellants-complainants

filed a claim petition under Section 166 of MV Act before the

learned Tribunal, stating that on 20.05.2019, when deceased Smt.

Jani Devi along with her son Anil @ Anil Kumar was travelling from

Village Kuchera to Firojpura on a motorcycle bearing registration

No.RJ-21-SZ-1124. When they reached near the said route, a

Bolero Vehicle bearing registration No.RJ-05-UA-5594 coming from

the opposite direction, being driven in a rash and negligent

manner, collided head-on with their motorcycle. As a result of

which, Smt. Jani Devi and her son Anil Kumar fell down and

sustained multiple severe injuries to which they later succumbed.

It was specifically averred in the claim petition that the accident

occurred solely due to rash and negligent driving of respondent

No.1- Bolero driver and therefore, the appellants- claimants

sought adequate compensation for the untimely death of Smt.

Jani Devi.

In response, the respondent No.1/driver and respondent

No.3/Insurance Company filed their separate reply to the claim

petition, denying the averments of the claim petition. No reply was

filed on behalf of the respondent No.2/owner and therefore, ex-

parte proceeding was drawn against him.

Thereafter, on the basis of the pleadings of the parties, the

learned Tribunal framed four issues including the relief.

(Uploaded on 15/10/2025 at 04:11:40 PM)

[2025:RJ-JD:44827] (3 of 6) [CMA-1648/2024]

In order to substantiate the averments made in the claim

petition, the claimants/appellants examined four witnesses and

exhibited some documents. In defence, only one witness was

examined.

After hearing the arguments of the parties, the learned

Tribunal partly allowed the claim petitioner and awarded a lump-

sum compensation of Rs.1,00,000/- in favour of the

appellants/claimants. Hence this civil misc. appeal for

enhancement of compensation.

While praying for enhancement, learned counsel for the

appellants-claimants has argued that the learned Tribunal

committed a serious error in awarding a meager lump-sum

compensation of Rs. 1,00,000/- under the head of funeral

expenses. Counsel submits that the learned Tribunal has

committed error in holding that the appellants, who were major

marriage son, daughter & daughter-in-law, are not dependent

upon the deceased Jani Devi and thus, they are not entitled for

any compensation. Counsel submits that the Hon'ble Supreme

Court in the case of National Insurance Company Ltd. Vs.

Birender & Ors. has held that major married and earning sons of

the deceased being legal representatives have a right to apply for

compensation. Therefore, the award deserves to be modified and

the compensation suitably enhanced.

Per contra, learned counsel for the respondent-Insurance

Company has supported the impugned award, contending that the

Tribunal has passed the order after due consideration of the

evidence and that the compensation awarded is fair and

(Uploaded on 15/10/2025 at 04:11:40 PM)

[2025:RJ-JD:44827] (4 of 6) [CMA-1648/2024]

reasonable. It was thus argued that no interference is warranted

by this Court.

Heard learned counsel for the appellants as well as learned

counsel for the respondents and perused the award impugned.

On perusal of the impugned award, it appears that the

learned Tribunal has awarded a lump-sum compensation of

Rs.1,00,000/- under the head of funeral expenses. The learned

Tribunal did not consider the claimants/appellants as dependent

upon the deceased Jani Devi as they are major married son,

daughter & daughter-in-law of the deceased Jani Devi. However,

the Hon'ble Supreme Court in the case of Birender (Supra) has

specifically held that the major married and earning sons of the

deceased being legal representatives have a right to apply for

compensation. Thus, this Court is of the opinion that the

claimants/appellants, who are major married son, daughter &

daughter-in-law of the deceased Jani Devi, are also entitled for

compensation. Thus, the learned Tribunal has committed error in

excluding the claimants/appellants for compensation for the death

of Jani Devi.

In view of the aforesaid, the compensation now payable to

the claimants/appellants would be recalculated.

As per schedule-II of Motor Vehicle Act, considering the

minimum wages prevailing at the relevant time, the Tribunal ought

to have assessed the monthly income of the deceased as

Rs.5,850/-. The age of the deceased was 78 years and therefore,

while calculating the amount of compensation, the multiplier of 5

ought to have been applied. Further, the Tribunal has not awarded

any compensation under the head of consortium and other heads.

(Uploaded on 15/10/2025 at 04:11:40 PM)

[2025:RJ-JD:44827] (5 of 6) [CMA-1648/2024]

Furthermore, the learned Tribunal ought to have deduced 1/4

towards personal expenses of the deceased. Accordingly, the re-

computation of the award shall be as under:-

Income               : Rs.5,850/- (per month)

Age                  : 78 years             Multiplier              :5

Deduction                  : 1/4

Calculation: 5850 X 12 X 5 X 3/4 =                 Rs.2,63,350/-

Consortium (43,000 X 5)                      =     Rs.2,15,000/-

Other heads                                  =     Rs.34,000/-

Total amount of compensation : Rs.5,12,250/-

Amount awarded by the Tribunal : Rs.1,00,000/-

Enhanced amount :

Rs.5,12,250-Rs.1,00,000 = Rs.4,12,250/- along with

interest @ 6% p.a. from the date 08.07.2019 till the date of

this order.

In view of the above, the amount of compensation awarded

by learned Tribunal is enhanced by Rs.4,12,250/- along with

interest @ 6% p.a. from the date 08.07.2019 till the date of this

order.

Accordingly, the civil misc. appeal is partly allowed. The

amount of Rs.4,12,250/- (Four Lakhs Twelve Thousand Two

Hundred Fifty rupees only) shall be paid by the Insurance

Company to the appellants-claimants, in addition to the amount

already awarded by the Tribunal vide order dt. 01.02.2024, within

a period of four weeks from today along with interest @ 6% p.m.

If the enhanced amount is not paid within the stipulated period,

the claimants-appellants shall be entitled to an interest @ 7% p.a

(Uploaded on 15/10/2025 at 04:11:40 PM)

[2025:RJ-JD:44827] (6 of 6) [CMA-1648/2024]

on the said amount. The amount so deposited by the Insurance

Company shall be deposited in the Saving Account of the

claimants, detail of which shall be furnished by the claimants

before the Tribunal.