Rajasthan High Court - Jodhpur

Divye Khandelwal vs Madan Singh (2025:Rj-Jd:45482) on 15 October, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:45482]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                      S.B. Civil Misc. Appeal No. 5/2025

Divye Khandelwal S/o Om Prakash, Aged About 43 Years, R/o
Near Moti Bhawan, In Front Street Of Kotgate Police Station,
Bikaner, Rajasthan.
                                                                         ----Appellant
                                        Versus
1.       Madan Singh S/o Shri Bheekhsingh, R/o Khwaja
         Colony,police Station Beechhwal, District Bikaner,
         Rajasthan. (Vehicle Driver (Truck No. Rj-07-Ra-0460)
2.       Amarjeet S/o Shri Ramchandra, R/o Village Choti Naal,
         Tehsil And District Bikaner, Rajasthan. (Vehicle Owner
         (Truck No. Rj-07-Ra-0460))
3.       Shriram Insurance Company Limited, Through Its Branch
         Manager,    Panchshati  Circle, Sardulganj,   Bikaner,
         Rajasthan. (Insurance Company)
                                                                     ----Respondents


For Appellant(s)              :     Mr. Aman Bishnoi Bola, Adv.
For Respondent(s)             :     Mr. Aditya Singhi, Adv. for Insurance
                                    Company.



           HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

15/10/2025

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 06.09.2024 passed by learned

Judge, Motor Accident Claim Tribunal, Bikaner (hereinafter

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

No.194/2016, whereby the learned Tribunal partly allowed the

claim petition filed by the appellant/claimant and awarded a

meager compensation of Rs.10,76,348/-.

Brief facts of the case are that the appellant-complainant

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

learned Tribunal seeking compensation for the injuries sustained

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by him due to a motor vehicular accident occurred on 07.07.2014.

It was stated in the claim petition that on 07.07.2014, when the

appellant was going from OBC Bank to his factory on the

motorcycle, at that time, a tractor bearing No.RJ-07-RA-0460

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

the appellant sustained multiple severe and simple injuries. It was

averred that the accident occurred due to rash and negligent

driving of respondent No.1, tactor driver and the appellant sought

adequate compensation for the injuries.

In response, the respondent Nos.1 to 3 filed their 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 three witnesses

including himself and exhibited some documents. In defence, no

oral or 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.10,76,348/- 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. The Tribunal while

calculating the future loss of income did not consider last ITR (Ex-

57) of the appellant and on the basis of general rules of ITR has

ascertained annual income of the appellant as Rs.2,00,715/-,

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whereas it ought to have been Rs.2,13,326/-. Counsel further

submits that the learned Tribunal did not award any compensation

under the head of loss of amenities due to erectrile dysfunction

and under the head of deformity of body due to 6% permanent

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

awarded by the Tribunal may be enhanced adequately.

Reliance has been made on the judgment of Karnataka High

Court in Basavaraj Vs. Umesh & Anr. [2022 SCC Oline Kar 1536]

and the judgment of the Hon'ble Supreme Court in the case of

Kavin Vs. P. Sreemani Devi & Ors., Civil Appeal Nos.3132-3133 of

2023, decided on 22.08.2025.

Per contra, learned counsel for the respondent No.3-

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 respondents and perused the award impugned.

The learned Tribunal while calculating the future loss of

income has assessed annual income of the appellant as

Rs.2,00,715/- as per the general rule of ITR, but looking to the

last ITR (Ex-57) filed by the appellant, the annual income should

be assessed as Rs.2,13,326/- for calculation of future loss of

income of the appellant. Thus, the learned Tribunal committed

error in assessing the annual income of the appellant.

So far as the loss of Amenities due to erectile dysfunction is

concerned, the learned Tribunal did not award any amount under

this head to the appellant. In the case of Basavaraj (supra), the

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Hon'ble Karnataka High Court has awarded a sum of

Rs.10,00,000/- to the claimant under the head of loss of

Amenities due to erectile dysfunction. Thus, this Court also deems

it appropriate to award Rs.10,00,000/- under this head.

The learned Tribunal also erred in not awarding any

compensation under the head of deformity of body due to 6%

permanent disability. In view of the judgment of the Hon'ble

Supreme Court rendered in the case of Kavin (Supra), this Court

deems it appropriate to award Rs.71,000/- to the appellant under

this Heard.

Under the heads of pain and suffering and hospitalization for

six months, the learned Tribunal has awarded a lesser amount,

which is also liable to be enhanced in the facts and circumstances

of the case. Under the heads of medical bills and transportation

expenses, the Tribunal has rightly awarded the compensation.

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

under:-

Loss of income : Rs.2,13,326 + 40% (future prospect) Rs.2,13,326 + Rs.85,330 Rs. 2,98,656/- annual Income Permanent Disability 6 % : Rs.2,98,656 X 6% = Rs.17,919/- Total loss of income : Rs.17,919 X 17 (Multiplier) = Rs. 3,04,623/-

Loss of Amenities due to Erectile Dysfunction : Rs.10,00,000/- Pain & suffering : Rs.3,00,000/-

Hospitalization for six months : Rs.3,60,000/- (180 X 2000) Deformity in bod (6% PD) : Rs.71,000 Medical Bills : Rs. 5,17,194/-

Transportation Expenses : Rs. 64,533/-

Total amount of compensation comes to : Rs.26,17,350/-




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                                   Amount awarded by the Tribunal             : Rs.10,76,348/-

                                   Enhanced amount :

Rs. 26,17,350 - Rs.10,76,348 = Rs.15,41,000/- (round off) along with interest @ 6% p.a. from the date of filing of claim petition i.e. 03.06.2016 till its realization.

In view of the above, the amount of compensation awarded

by learned Tribunal is enhanced by Rs.15,41,000/- along with

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

03.06.2016 till its realization.

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

amount of Rs.15,41,000/- (Fifteen Lakhs Forty One Thousand

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. 06.09.2024, 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. 03.06.2016 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 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.