Rajasthan High Court - Jodhpur
Nanuram vs Ghisa Ram (2025:Rj-Jd:45306) on 15 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:45306]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2896/2017
Nanuram S/o Jwarmal Kumawat, R/o Kesarpura, Tehsil And
District- Bhilwara.
----Appellant
Versus
1. Ghisa Ram S/o Bhoma Ram Gurjar, R/o Tehsil Kotputli,
District Jaipur. (Owner)
2. Sanwarmal S/o Kanam Jat, Kalinjari Gate, Shahpura,
Distt. Bhilwara. (Drvier)
3. Universal Sompo General Insurance Co. Ltd., Unit 401,
4Th Floor, Sangam Complex, 127, Ahdhar Kurla Road,
Andheri (East), Mumbai 400059 (Maharashtra) (Insurer)
----Respondents
For Appellant(s) : Mr. Manish Pitaliya
For Respondent(s) : Mr. Vishal Singhal, for respondent
No.3
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
15/10/2025
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 02.06.2017
passed by learned Judge, Motor Accident Claim Tribunal, Bhilwara
(hereinafter referred to as "the learned MACT/Tribunal") in MAC
Case No.1429/2013 titled as "Nanuram Vs. Ghisa Ram & Ors.",
whereby the learned Tribunal partly allowed the claim petition filed
by the appellant/claimant and awarded a meager compensation of
Rs.5,54,944/-.
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Brief facts of the case are that the appellant-claimant filed a
claim petition under Section 166 of MV Act before the learned
Tribunal stating that on 12.09.2013 a trailor bearing registration
No.HR-47-A-6398 driven by respondent No.2 rashly & negligently
and hit the appellant. As a result of which, appellant sustained
multiple severe injuries.
In response, the respondents No.1 (owner) & 2 (driver) and
respondent No.3/Insurance Company filed their separate 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 five issues including the relief.
In order to substantiate the averments made in the claim
petition, the claimant/appellant examined himself as AW/1 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 petitioner and awarded a meager
compensation of Rs.5,54,944/- 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
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 transportation
charges. It is therefore, prayed that the amount of compensation
awarded by the Tribunal may be enhanced adequately.
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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 appellant as well as learned
counsel for the respondent No.3-Insurance Company 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.4,914/-. However, considering the age of the
injured as 33 years, this Court is of the opinion that while
calculating the amount of compensation, the multiplier of 16 ought
to have been applied by the learned Tribunal instead of 15, as law
laid down by the Hon'ble Apex Court in the case of Sarla Verma.
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 head of transportation charges. Accordingly, the re-
computation of the award shall be as under:-
Income : Rs.4,914/- (per month)
Age : 33 years
Multiplier :16
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Future Prospects : 40%
Permanent Disability : 25%
Calculation for future loss of income :
4914 + 40% X 12 X 16 X 25% = 3,30,220/-
Pain and suffering = 50,000/-
Nourishing diet = 15,000/-
Transportation = 10,000/-
30 days (600/- per day income loss
+ attendant 600 per day + 500 per day
hospital charges) = 51,000/-
Medical Bills = 3,03,904/-
Total amount of compensation : Rs.7,60,124/-
Amount awarded by the Tribunal : Rs.5,54,944/-
Enhanced amount :
Rs.7,60,124/- - Rs.5,54,944/- = Rs.2,05,180/- along with
interest @ 6% p.a. from the date of filing of claim petition
i.e. 08.11.2013 till its realization.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.2,05,180/- along with
interest @ 6% p.a. from the date of filing of claim petition i.e.
08.11.2013 till its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.2,05,180/- (Two Lakhs Five Thousand One Hundred
Eighty 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 dated 02.06.2017, within a period of four
weeks from today along with interest @ 6% p.a. from the date of
filing of the claim petition i.e. on 08.11.2013 till its realization. If
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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 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.
(MANOJ KUMAR GARG),J
159-Ishan/-
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