Rajasthan High Court - Jodhpur

Lila Devi vs Happy Kumar Jayaswal ... on 15 October, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:45278]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1145/2019

1.       Lila Devi W/o Shri Sardar Singh Damor, Aged About 44
         Years, R/o Sangariya Handi, Tehsil Gangad Tali, Dist.
         Banswara.
2.       Shri Kirtan S/o Sardar Singh Damor, Aged About 26
         Years, R/o Sangariya Handi, Tehsil Gangad Tali, Dist.
         Banswara.
3.       Smt. Reena D/o Shri Sardar Singh Damor, Aged About 24
         Years, R/o Sangariya Handi, Tehsil Gangad Tali, Dist.
         Banswara.
4.       Miss Krishana D/o Sardar Singh Damor, Aged About 22
         Years, R/o Sangariya Handi, Tehsil Gangad Tali, Dist.
         Banswara.
5.       Kalaram S/o Madey, Aged About 74 Years, B/c Bhill, R/o
         Sangariya Handi, Tehsil Gangad Tali, Dist. Banswara.
6.       Smt. Madi Devi W/o Kalaram, Aged About 71 Years, B/c
         Bhill, R/o Sangariya Handi, Tehsil Gangad Tali, Dist.
         Banswara.
                                                                   ----Appellants
                                    Versus
1.       Happy Kumar Jayaswal S/o Rakesh Bhai Jayaswal, R/o
         Piplod, Dhoad Road, Tehsil Davgad, Dist. Dahod (Gujarat)
         (Driver And Owner)
2.       Reliance General Insurance Company Ltd., K.P.R. Second
         Floor 1(12) A.U.I.T. New Fatarapura, Saheli Marg Udaipur
         (Insurer)
                                                                 ----Respondents


For Appellant(s)          :     Mr. Parikshit Nayak
For Respondent(s)         :     Mr. Vishal Singhal
                                Ms. Anamika Baghmar



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

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 13.03.2019

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passed by learned Judge, Family Court, Banswara (hereinafter

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

No.55/2017 titled as "Lila Devi & Ors. Vs. Happy Kumar & Ors.",

whereby the learned Tribunal partly allowed the claim petition filed

by the appellants/claimants and awarded a meager compensation

of Rs.7,38,468/-.

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 23.03.2014, the deceased Sardar

Singh along with injured persons viz., Jai Soni, Satish Soni,

Laxman & Kirtan were coming from Sant Road in a Tavera vehicle

bearing registration No. RJ-03-UA-1692. The vehicle was driven by

deceased Sardar Singh and when they reached village Kachumbar,

a Tata Safari bearing registration No. GJ-20-N-0211 coming from

opposite direction in a rash and negligent manner and hit the

Tavera. As a result of which, Jai Soni, Satish Soni, Laxman &

Kirtan sustained multiple severe injuries and due to grievous

injuries, Sardar Singh succumbed to the injuries. It was averred in

the claim petition that the accident occurred due to rash and

negligent driving of respondent No.1, tanker driver and the

claimants sought adequate compensation for the death of Sardar

Singh.

In response, the respondent No.2/Insurance Company filed

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

petition. No reply was filed on behalf of the respondent

No.1/owner & driver and therefore, ex-parte proceeding was

drawn against him.

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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 claimants/appellants examined six witnesses and

exhibited some documents. In defence, no witness was examined.

After hearing the arguments of the parties, the learned

Tribunal partly allowed the claim petition and awarded a meager

compensation of Rs.7,38,468/- in favour of the

appellants/claimants. Hence this civil misc. appeal for

enhancement of compensation.

While praying for enhancement, learned counsel for the

claimants/appellants submits that the learned Tribunal has erred

in considering the monthly income of the deceased as Rs.5,670/-

per month, whereas the monthly income of the deceased was

about Rs.30,000/-. Counsel submits that the learned Tribunal has

awarded lower compensation under the other heads. 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 appellants

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.

As law laid down by Hon'ble Apex Court in Sarla Verma's

case, considering the minimum wages prevailing at the relevant

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

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deceased as Rs.5,670/-. While, considering the age of the

deceased as 46 years, the learned Tribunal has rightly applied

multiplier of 13. Further, the Tribunal has rightly awarded 25% of

future prospects and rightly deducted 1/4 share towards personal

expenses of the deceased. Under the heads of loss of estate and

funeral expenses, the learned Tribunal has rightly awarded

Rs.20,000/-. However, under the head of consortium, the learned

Tribunal has awarded a lesser amount of Rs.40,000/- which is also

liable to be enhanced in the facts and circumstances of the case.

Accordingly, the re-computation of the award shall be as under:-

Income                  : Rs.5670/- (per month)

Age                     : 46 years

Multiplier              : 13

Deduction               : 1/4

Future Prospects        : 25%

Calculation: 5670 X 12 X 13 X 1/4 X 25%= Rs.8,29,000/-

Funeral Expenses & Loss of Estate = Rs.37,000/-

Consortium (48,000 X 6) = Rs.2,88,000/-

Total amount of compensation : Rs.11,54,000/-

Amount awarded by the Tribunal : Rs.7,38,000/-

Enhanced amount :

Rs.11,54,000-Rs.7,38,000 = Rs.4,16,000/- along with

interest @ 6% p.a. from the date 22.09.2014 till the date of

this order.

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In view of the above, the amount of compensation awarded

by learned Tribunal is enhanced by Rs.4,16,000/- along with

interest @ 6% p.a. from the date 22.09.2014 till the date of this

order.

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

amount of Rs.4,16,000/- (Four Lakh Sixteen Thousand 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. 13.03.2019, 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 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 120-Rashi/-

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