Rajasthan High Court - Jodhpur

Rahul vs Ramesh Kumar (2025:Rj-Jd:45765) on 16 October, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:45765]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1468/2020

Rahul S/o Sonaram Ji, Aged About 5 Years, B/c Jogi, R/o
Panchdeval Vas Sutharo Ka Guda, Tehsil Shivganj, District Sirohi.
Minor Through His Natural Mother Anshi, W/o Sonaram Ji, B/c
Jogi (Kalbeliya), Aged About 28 Years, R/o Panchdeval Vas
Sutharo Ka Guda, Tehsil Shivganj, District Sirohi And Current R/o
Emanuel School Road, Sirohi, Rajasthan
                                                                    ----Appellant
                                    Versus
1.       Ramesh Kumar S/o Modaram Ji, Aged About 37 Years, B/c
         Vagari, R/o Pipalki Road, Goyali, Tehsil And District Sirohi
         (Driver Of The Alleged Vehicle)
2.       Mahendra Kumar S/o Chhagan Ji, Aged About 26 Years,
         B/c Teergar, R/o 847 Solanki Vas Goyali, Tehsil And
         District Sirohi (Owner Of The Alleged Vehicle)
3.       Cholamandalam M.s. General Insurance Company Ltd.,
         Through Claim Manager, 1 Navkar Complex, Above South
         Indian Bank, Main Road, Bhopalpura, Udaipur (Insurer Of
         The Alleged Vehicle)
                                                                 ----Respondents


For Appellant(s)          :     Mr. Ravi Panwar
For Respondent(s)         :     Mr. Aditya Singhi, for respondent No.3



          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 14.02.2020

passed by learned Judge, Motor Accident Claim Tribunal, Sirohi

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

Case No.147/2018 titled as "Rahul Vs. Ramesh Kumar & Ors.",

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whereby the learned Tribunal partly allowed the claim petition filed

by the appellant/claimant and awarded a meagre compensation of

Rs.5,69,300/-.

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 03.10.2017 appellant Rahul alongwith his

father, mother and sister went to his home from the school on the

motorcycle. In the way, a tractor bearing registration No.RJ-24-

RA-6012 driven by respondent No.1 rashly & negligently and hit

the motorcycle. As a result of which, appellant alongwith other

family members were sustained multiple severe injuries and his

father was succumbed to injuries.

In response, the respondents No.1 (driver) & 2 (owner) 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 four issues including the relief.

In order to substantiate the averments made in the claim

petition, the claimant/appellant examined two witnesses and

exhibited some documents. In defence, no evidence was

exhibited.

After hearing the arguments of the parties, the learned

Tribunal partly allowed the claim petitioner and awarded a meager

compensation of Rs.5,69,300/- 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

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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 etc. Counsel has placed the judgment of Kajal Vs. Jagdish

Chand decided by the Hon'ble Apex Court and submits that the

amount of compensation is enhanced as per this judgment.

Counsel has further argued that the learned Tribunal has

considered the permanent disability of the appellant as 68%,

whereas it should 100% permanent disability. 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 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.

Since the appellant has minor, therefore, the learned Tribunal

has not awarded any compensation amount under the head of loss

of income and future prospect to the appellant. Besides this, the

learned Tribunal has also awarded a meager amount under the

various heads like transportation charges, attendant charges, diet

charges, loss of pain & suffering etc. The learned Tribunal has

awarded a lesser amount, which is also liable to be enhanced in

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the facts and circumstances of the case. Accordingly, the re-

computation of the award shall be as under:-

Calculation for future loss of income :

3000 X 18                       =               5,40,000/-

Future Prospect @ 40%           =               2,16,000/-

Pain & Suffering                =               1,59,000/-

Medical Bills                   =               90,300/-

Diet, Transportation &

Attendant Charges               =               15,000/-

Marital, Future Working,

Attendant, Whole life,

Medical Condition

(as per Judgment of

Kajal Vs. Jagdish AIR 2020

SC 776)                         =               2,50,000/-

Total amount of compensation : Rs.12,70,300/-

Amount awarded by the Tribunal : Rs.5,69,300/-

Enhanced amount :

Rs.12,70,300/- - Rs.5,69,300/- = Rs.7,01,000/- along with

interest @ 7% p.a. from the date of filing of claim petition

i.e. 09.07.2018 till its realization.

In view of the above, the amount of compensation awarded

by learned Tribunal is enhanced by Rs.7,01,000/- along with

interest @ 7% p.a. from the date of filing of claim petition i.e.

09.07.2018 till its realization.

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

amount of Rs.7,01,000/- (Seven Lakhs One Thousand rupees

only) shall be paid by the Insurance Company to the appellant-

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claimant, in addition to the amount already awarded by the

Tribunal vide order dated 14.02.2020, within a period of four

weeks from today along with interest @ 7% p.a. from the date of

filing of the claim petition i.e. on 09.07.2018 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