Rajasthan High Court - Jodhpur

Kailashchandra vs United India Insurance Company Limited ... on 14 October, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:45063]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1838/2019

Kailashchandra S/o Ramswaroop Ji, Aged About 46 Years, B/c
Dad (Maheshwari), R/o Nala Bazar, Bassi, Tehsil And District
Chittorgarh. (Raj.)
                                                                     ----Appellant
                                     Versus
1.       United India Insurance Company Limited, Through Its
         Branch Manager, Above Chittor Motors, Udaipur Road,
         Chittorgarh (Raj.) (Insurer)
2.       Udaipal Singh S/o Gopal Singh Sisodiya, R/o Gyaspur, P.s.
         - Devgarh, Tehsil And District Pratapgarh (Raj.) (Owner)
3.       Mukesh S/o Ratan Lal Redas, R/o Water Works Road,
         Pratapgarh, P.s. And District Pratapgarh. (Driver)
                                                                  ----Respondents


For Appellant(s)            :    Mr. Manish Pitaliya, Adv.
For Respondent(s)           :    Mr. Anil Bachhawat, Adv. for
                                 Insurance Company.



           HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

14/10/2025

Instant misc. appeal has been filed by the appellant-claimant

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

impugned judgment & award dated 08.03.2019 passed by learned

Judge, Motor Accident Claim Tribunal, Chittorgarh (hereinafter

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

No.368/2013, whereby the learned Tribunal partly allowed the

claim petition filed by the appellant/claimant and awarded a

meager compensation of Rs.4,40,000/-.

Brief facts of the case are that the appellant-complainant

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

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learned Tribunal seeking compensation for the injuries sustained

by him due to a motor vehicular accident occurred on 29.06.2012.

It was stated in the claim petition that on 29.06.2012, when the

appellant along with his wife Smt. Komal Dad was returning to

their home after attending a marriage function, on a motorcycle,

at that time, a white colour car bearing No.RJ-35-CA-1121 came

and hit the motorcycle of the appellant. As a result of which, the

appellant and his wife fell down and sustained multiple severe

injuries. It was averred that the accident occurred due to rash and

negligent driving of respondent No.3, car driver and the appellant

sought adequate compensation for the injuries.

In response, the respondent No.1/Insurance Company filed

its reply to the claim petition, denying the averments of the claim

petition.

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

learned Tribunal framed four issues including the relief.

In order to substantiate the averments made in the claim

petition, the claimant/appellant examined two witnesses including

himself and exhibited some documents. In defence, no oral and

documentary evidence was produced.

After hearing the arguments of the parties, the learned

Tribunal partly allowed the claim petition and awarded a meager

compensation of Rs.4,40,000/- in favour of the

appellant/claimant. Hence this civil misc. appeal for enhancement

of compensation.

While praying for enhancement, learned counsel for the

claimant/appellant submits that the learned Tribunal has erred in

calculating the future loss of income. Further, the learned Tribunal

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has awarded lower compensation under the head of medical

expenditure and under other heads. Further, the learned Tribunal

did not award any compensation under the head of ambulance

charges. It is therefore, prayed that the amount of compensation

awarded by the Tribunal may be enhanced adequately.

Per contra, learned counsel for the respondent-Insurance

Company while vehemently opposing the prayer of the appellant

has submitted that amount granted by the Tribunal is fair and just.

Therefore, no interference is required in the impugned judgment

and award.

Heard learned counsel for the appellants as well as learned

counsel for the respondents and perused the award impugned.

Considering the minimum wages prevailing at the relevant

time, the Tribunal has rightly assessed the monthly income of the

appellant as Rs.3,822/-. While, considering the age of the

deceased as 42 years, the learned Tribunal has rightly applied

multiplier of 14 as per law laid down by the Hon'ble Apex Court in

the case of Sarla Verma. However, the learned Tribunal has

committed error in deducting 1/2 of the income towards personal

expenses of the appellant. Further, the Tribunal has rightly

awarded 25% of future prospects. Under the heads of loss of pain

& suffering, attendant charges and loss of income during

treatment, the learned Tribunal has awarded just and proper

compensation under these heads. However, under the heads of

medical expenditure and hospitalization for 30 days, the learned

Tribunal has awarded a lesser amount, which is also liable to be

enhanced in the facts and circumstances of the case. Further, the

learned Tribunal has failed to award any compensation under the

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head of ambulance charges. Accordingly, the re-computation of

the award shall be as under:-

Income                  : Rs.3822/- (per month)

Age                     : 43 years

Multiplier              :14

Future Prospects        : 25%

Disability              : 32%

Calculation for future loss of income :

3822 + 25% = 4,777.5 X 32% = 1528.8

1528.8 X 12 X 14                                          = Rs.2,56,838.4/-

Medical expenditure = 2,09,000 + 3,62,014 = Rs.5,71,014/-

30 days hospitalization = 30 X 1300 per day = Rs.39,000/-

Loss of income during treatment = Rs.15,288/-

Attendant Charges                                          = Rs.76,800/-

Pain and suffering                                         = Rs.75,000/-

Ambulance charges                                          = Rs.30,820/-

Total amount of compensation : Rs.10,64,760/-

Amount awarded by the Tribunal : Rs.4,40,000/-

Enhanced amount :

Rs.10,64,760-Rs.4,40,000 = Rs.6,24,760/- along with

interest @ 6% p.a. from the date of filing of claim petition

i.e. 26.08.2013 till its realization.

In view of the above, the amount of compensation awarded

by learned Tribunal is enhanced by Rs.6,24,760/- along with

interest @ 6% p.a. from the date of filing of claim petition i.e.

26.08.2013 till its realization.

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

amount of Rs.6,24,760/- (Six Lakhs Twenty Four Thousand Seven

Hundred Sixty rupees only) shall be paid by the Insurance

Company to the appellant-claimant, in addition to the amount

already awarded by the Tribunal vide order dt. 08.03.2019, within

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

from the date of filing of the claim petition i.e. 26.08.2013 till its

realization. If the enhanced amount is not paid within the

stipulated period, the claimant-appellant shall be entitled to an

interest @ 7% p.a on the said amount. The amount so deposited