Rajasthan High Court - Jodhpur
Smt. Lalita Devi And Ors vs Narayan Singh And Anr. ... on 27 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:46263]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1435/2017
1. Smt. Lalitadevi W/o Late Kaluram, Aged 28 years,
2. Ritika D/o Late Kaluram, Aged 11 years,
3. Chetan S/o Shri Kaluram Hiragar, Aged 8 years,
All By Caste- Hiragar, Residents Of Near Canal, Sumerpur,
District- Pali.
Appellants No.2 And 3 Minors Thorugh Natural Guardian
And Mother Smt. Lalitadevi, Appellant No.1
----Appellants
Versus
1. Narayan Singh S/o Shri Raghunath Singh, By Caste-
Rajpurohit, R/o Falna, Tehsil- Bali, District- Pali
.....driver And Owner
2. United India Insurance Company Ltd., Parekh Bhawan,
Subhash Road, Falna, Tehsil- Sumerpur, District- Pali.
.....insurance Company
----Respondents
For Appellant(s) : Mr. Ravi Panwar, Adv.
For Respondent(s) : Mr. Lalit Parihar, Adv. with
Mr. Kamaljeet Meena,
Mr. Shubhankar Johari,
Mr. Gaurav Vatvani
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/10/2025
Application under Section 5 of the Limitation Act is allowed
for reasons stated therein and the delay in filing the appeal is
hereby condoned.
The matter is being heard and decided today itself.
Instant misc. appeal has been filed by the appellants-
claimants under Section 173 of the Motor Vehicles Act, 1988,
(Uploaded on 28/10/2025 at 02:50:51 PM)
[2025:RJ-JD:46263] (2 of 5) [CMA-1435/2017]
assailing the impugned judgment & award dated 20.01.2017
passed by learned Judge, Motor Accident Claim Tribunal,
Sumerpur (hereinafter referred to as "the learned MACT/Tribunal")
in MAC Case No.43/2013 (545/2014), whereby the learned
Tribunal partly allowed the claim petition filed by the
appellants/claimants and awarded a meager compensation of
Rs.20,20,000/-.
Brief facts of the case are that the appellants-claimants filed
a claim petition under Section 166 of MV Act before the learned
Tribunal seeking compensation for the death of Kaluram, who died
in a motor vehicle accident, occurred on 07.08.2012. It was
averred that the accident occurred due to rash and negligent
driving of respondent No.1, Car driver.
In response, the respondents No.1 & 2 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 four issues including the relief.
In order to substantiate the averments made in the claim
petition, the claimants/appellants examined two witnesses 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 petition and awarded a meager
compensation of Rs.20,20,000/- in favour of the
appellants/claimants. Hence this civil misc. appeal for
enhancement of compensation.
While praying for enhancement, learned counsel for the
appellants-claimants has argued that the learned Tribunal
(Uploaded on 28/10/2025 at 02:50:51 PM)
[2025:RJ-JD:46263] (3 of 5) [CMA-1435/2017]
committed a serious error in awarding a meager compensation
under the head of consortium. Learned Tribunal has further
committed error in not awarding the future prospects. It is settled
law that the future prospects of advancement in life and career
should also be sounded in terms of money to augment the
multiplicand. It is prayed that the amount of compensation
awarded by the Tribunal may be 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.20,20,000/-
only without future prospects. Looking to the facts that the
claimants/appellants had lost their sole bread earn of the family 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 claimants/appellants would be
recalculated.
Taking into consideration the income tax returns, age of the
deceased Kaluram and after 1/3rd deduction towards personal
expenses, the learned Tribunal has rightly awarded compensation
under the head of loss of income as Rs.19,00,000/-. However, the
Tribunal has awarded meager amount only under the head of
(Uploaded on 28/10/2025 at 02:50:51 PM)
[2025:RJ-JD:46263] (4 of 5) [CMA-1435/2017]
consortium, which is also liable to be enhanced in the facts and
circumstances of the case. Moreover, the future prospects are also
required to be added while calculating the amount of
compensation in the present case in view of the judgments of the
Hon'ble Supreme Court rendered in the case of Pranay Sethi and
New India Insurance Company Ltd.V/s Somwati and Ors. (2020) 9
SCC 644. Accordingly, the re-computation of the award shall be as
under :-
Income : Rs.1,78,180/- (per annum)
Multiplier :16
Deduction : 1/3
Future Prospects : 40%
Calculation: 1,78,180 X 16 X 1/3 X 40% = Rs.26,60,000/-
Loss of estate and Funeral Expenses = Rs.36,000/-
Loss of Consortium = Rs.1,44,000/-
Total amount of compensation : Rs.28,40,000/-
Amount awarded by the Tribunal : Rs.20,20,000/-
Enhanced amount :
Rs.28,40,000-Rs.20,20,000 = Rs.8,20,000/- along with
interest @ 6% p.a. from the date of filing of the claim
petition i.e. 04.04.2013 till its realization.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.8,20,000/- along with
interest @ 6% p.a. from the date of filing of the claim petition i.e.
04.04.2013 till its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.8,20,000/- (Eight Lakhs Twenty 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. 20.01.2017, within a period of four weeks
from today along with interest @ 6% p.m. from the date of filing
(Uploaded on 28/10/2025 at 02:50:51 PM)
[2025:RJ-JD:46263] (5 of 5) [CMA-1435/2017]
of the claim petition i.e. 04.04.2013 till its realization. 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.
Pending applications, if any, also decided.
Record, if received, be sent back to the Tribunal forthwith.
(MANOJ KUMAR GARG),J
196-MS/-
(Uploaded on 28/10/2025 at 02:50:51 PM)
Powered by TCPDF (www.tcpdf.org)
