Rajasthan High Court - Jodhpur
Smt. Mumtaj Bano And Ors vs Shravan Choudhary And Ors. ... on 16 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:45675]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1325/2015
1. Smt. Mumtaj Bano W/o Late Abdul Latif, aged about 44
years,
2. Ajijan W/o Nijamuddin, aged about 77 years,
3. Nijamuddin S/o Haji Ajit, aged about 80 years,
4. Mohd. Salim S/o Late Abdul Latif, aged about 22 years,
5. Saddam Hussain S/o Late Abdul Latif, aged about 17 years,
6. Samshad D/o Late Abdul Latif, aged about 16 years,
7. Ajahruddin S/o Late Abdul Latif, aged about 14 years,
8. Nasir Hussain S/o Late Abdul Latif, aged about 12 years,
All appellants are resident of Uton ka Badia Kabra, P.S.
Javaja, District Ajmer at present R/o Barr, Tehsil & District
Pali, Rajasthan.
(Appellant Nos.5 to 8 minors through their mother Mumtaj
Bano)
----Appellant
Versus
1. Shravan Choudhary S/o Bhanwarlal, Resident of Dorai, P.S.
Piliyawas, District Ajmer, Rajasthan. (Driver of Trailer RJ-
01-GA-3093)
2. Dinesh Kumar Gaina S/o Kanaram Gaina, Resident of Tabiji
Via Saradhana, Panchayat Samiti Peesangan, P.S.
Mangaliawas, District Ajmer, Rajasthan. (Registered Owner
of Trailer RJ-01-GA-3093)
3. Chola Mandalam M.S. General Insurance Company Ltd.,
Deyar House, II Floor No.2 NSC Boss Road, Chennai.
(Insurance Company)
----Respondent
For Appellant(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Aditya Singhi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/10/2025
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 30.05.2015
passed by learned Judge, Motor Accident Claim Tribunal Jaitaran,
District Pali (hereinafter referred to as "the learned
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[2025:RJ-JD:45675] (2 of 4) [CMA-1325/2015]
MACT/Tribunal") in MAC Case No.109/2013 titled as "Smt. Mumtaj
Bano & Ors. Vs. Shravan Choudhary & Ors.", whereby the learned
Tribunal partly allowed the claim petition filed by the
appellants/claimants and awarded a meager compensation of
Rs.4,90,796/-.
Brief facts of the case are that the appellants-complainants
filed a claim petition under Section 166/140 of MV Act before the
learned Tribunal stating that on 11.02.2012, when deceased Abdul
Latif was travelling to Beawar in a passenger Jeep bearing
registration No. RJ-20-TA-0079, when a Trailer bearing registration
No.RJ-01-GA-3093 coming from opposite direction in a rash and
negligent manner and collided with the said Jeep. As a result of
which, Latif sustained multiple severe injuries and subsequently
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, trailer driver and the claimants sought adequate
compensation for the death of Latif.
In response, the respondent No.3/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/
Driver and No.2/owner and therefore, ex-parte proceeding was
drawn against them.
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 appellant No.1
Mumtaj Bano as A.W.-1 and exhibited some documents. In
defence, only no witness was examined.
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[2025:RJ-JD:45675] (3 of 4) [CMA-1325/2015]
After hearing the arguments of the parties, the learned
Tribunal partly allowed the claim petition and awarded a meager
compensation of Rs.4,90,796/- 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.3,453/-
per month, whereas the monthly income of the deceased was
about Rs.4,836/-. 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.
Income : Rs.4836/- (per month)
Age : 53 years
Multiplier :11
Deduction : 1/5
Future Prospects : 10%
Calculation: 4836 X 12 X 11 X 1/5 X 10%= Rs.5,61,792/-
Funeral Expenses & Loss of Estate = Rs.30,000/-
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[2025:RJ-JD:45675] (4 of 4) [CMA-1325/2015]
Consortium (48,000 X 8) = Rs.3,84,000/-
Total amount of compensation : Rs.9,75,792/-
Amount awarded by the Tribunal : Rs.4,90,796/-
Enhanced amount : 4,84,996/-
Rs.9,75,792-Rs.4,90,796 = Rs.4,84,996/- along with
interest @ 6% p.a. from the date 18.10.2013 till the date of
this order.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.4,84,996/- along with
interest @ 6% p.a. from the date 18.10.2013 till the date of this
order.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.4,84,996/- (Four Lakh Eighty Four Thousand Nine
Hundred Ninety six 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. 30.05.2015, 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
182-GKaviya/-
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