Rajasthan High Court - Jodhpur
Bimla Devi vs Netram And Ors. (2025:Rj-Jd:45655) on 16 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:45655]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1239/2015
Bimla Devi W/o Om Prakash, B/c Bishnoi, Aged 52 years, R/o
Ward No.18, Anoopgarh, Tehsil Anoopgarh, District
Sriganganagar.
----Appellant
Versus
1. Netram S/o Akkharam Nath, B/c Siddh, R/o Bambhu, PS
Jamsar, District Bikaner. (Driver of Truck No.RJ-13-G-4056)
2. Sukhwinder Singh S/o Sohan Singh, B/c Jat Sikh, R/o
Jodhewala, Post Malkana Kala, Tehsil Sri Karanpur, District
Sriganganagar. (Registered owner of Truck No.RJ-13-G-4056)
3. Vijay Kumar S/o Deshraj, B/c Arora, R/o Ward No.15, Sri
Vijaynagar, Tehsil Sri Vijaynagar, District Sriganganagar.
(Caretaker of Truck No.RJ-13-G-4056)
4. Bajaj Allianz General Insurance Co. Ltd. Through its Branch
Manager, Bajaj Allianz General Insurance Co. Ltd., Branch Office
G.E. Plaza, Airport Road, Yerwrda Pune and registered office
Bajaj Allianz General Insurance Co. Ltd., 0-12A, II Floor, Ashok
Marg, C-Scheme, Jaipur. (Insurance Co. of Truck No.RJ-13-G-
4056)
----Respondents
For Appellant(s) : Mr. HR Chawla, Adv.
For Respondent(s) : Mr. Santosh Choudhary, Insurance
Company.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
16/10/2025
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 31.03.2015 passed by learned
Judge, Motor Accident Claim Tribunal, Anoopgarh, District Sri
Ganganagar (hereinafter referred to as "the learned
(Uploaded on 17/10/2025 at 02:04:32 PM)
[2025:RJ-JD:45655] (2 of 4) [CMA-1239/2015]
MACT/Tribunal") in MAC Case No.18/2011, whereby the learned
Tribunal partly allowed the claim petition filed by the
appellant/claimant and awarded a meager compensation of
Rs.1,30,000/-.
Brief facts of the case are that the appellants-complainants
filed a claim petition under Section 166 of MV Act before the
learned Tribunal seeking compensation for the death of his son
Kuldeep, who died in a motor vehicle accident, occurred on
26.09.2009. It was averred that the accident occurred due to rash
and negligent driving of respondent No.1, Truck driver.
In response, the respondents No.1 to 4 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 herself and exhibited
some documents. In defence, two witnesses were examined and
some documents were exhibited.
After hearing the arguments of the parties, the learned
Tribunal partly allowed the claim petitioner and awarded a meager
compensation of Rs.1,30,000/- in favour of the
appellant/claimant. Hence this civil misc. appeal for enhancement
of compensation.
While praying for enhancement, learned counsel for the
appellant-claimant has argued that the learned Tribunal
committed a serious error in awarding a meager compensation of
Rs.1,30,000/- under the heads of love & affection and funeral
expenses. Counsel submits that the learned Tribunal without
(Uploaded on 17/10/2025 at 02:04:32 PM)
[2025:RJ-JD:45655] (3 of 4) [CMA-1239/2015]
assessing the loss of income has awarded the compensation.
Therefore, the award deserves to be modified and the
compensation suitably enhanced.
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.
On perusal of the impugned award, it appears that the
learned Tribunal has awarded a compensation of Rs.1,30,000/-
only without assessing the loss of income. Looking to the fact that
the claimant/appellant had lost her young son in the accident, the
amount of compensation awarded by the Tribunal is appears to be
at the lower side and the same should be enhanced in the facts
and circumstances of the case. Thus, the compensation payable to
the claimant/appellant would be recalculated.
As per the minimum wages prevailing at the relevant time,
the monthly income of the deceased should be assessed as
Rs.3,000/-, in which 40% future prospects should be added.
According to the age of the deceased, multiplier of 18 would be
applied and deduction of 1/2 should be made towards personal
expenses of the deceased. Accordingly, the re-computation of the
award shall be as under:-
Income : Rs.3,000/- (per month)
Age : between 20 to 25 years
Multiplier :18
Deduction : 1/2
Future Prospects : 40%
(Uploaded on 17/10/2025 at 02:04:32 PM)
[2025:RJ-JD:45655] (4 of 4) [CMA-1239/2015]
Calculation: 3,000 X 12 X 18 X 1/2 X 40%= Rs.4,53,600/-
Loss of estate and Funeral Expenses = Rs.48,000/-
Loss of Consortium = Rs.36,000/-
Total amount of compensation : Rs.5,37,600/-
Amount awarded by the Tribunal : Rs.1,30,000/-
Enhanced amount :
Rs.5,37,600-Rs.1,30,000 = Rs.4,07,600/- along with
interest @ 6% p.a. from the date of filing of the claim
petition i.e. 02.04.2011 till its realization.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.4,07,600/- along with
interest @ 6% p.a. from the date of filing of the claim petition i.e.
02.04.2011 till its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.4,07,600/- (Four Lakhs Seven Thousand Six
Hundred 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. 31.03.2015, 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. 02.04.2011 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 claimant, detail of
which shall be furnished by the claimant before the Tribunal.
Pending applications, if any, also decided.
Record, if received, be sent back to the Tribunal forthwith.
(MANOJ KUMAR GARG),J
181-MS/-
(Uploaded on 17/10/2025 at 02:04:32 PM)
Powered by TCPDF (www.tcpdf.org)
