Rajasthan High Court - Jodhpur
Smt. Dhanni Devi vs M/S Milk Food Aids Pvt. ... on 27 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:46265]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3004/2025
1. Smt. Dhanni Devi W/o Late Shree Sahiram, Aged About
38 Years, Gusainsar, District Bikaner
2. Bhagirath S/o Late Shree Sahi Ram, Aged About 22
Years, Gusainsar, District Bikaner
3. Priyanka D/o Late Shree Sahiram, Aged About 18 Years,
Gusainsar, District Bikaner
4. Saroj D/o Late Shree Sahiram, Aged About 14 Years,
Gusainsar, District Bikaner Through Natural Guardian
Mother Dhanni Devi
5. Ramswaroop S/o Late Shree Sahiram, Aged About 12
Years, Gusainsar, District Bikaner Through Natural
Guardian Mother Dhanni Devi
6. Shaanti Devi W/o Shree Shravan Ram, Aged About 66
Years, Gusainsar, District Bikaner
7. Shravan Ram S/o Shree Bagaram, Aged About 68 Years,
Gusainsar, District Bikaner
----Appellants
Versus
1. M/s Milk Food Aids Pvt., A 21 Sadul Ganj, Bikaner,
Through Director Arun Kumar Modi Son Of Late Shree
Hanuman Prasad Modi, R/o A-21, Sadulganj, Bikaner
(Vehicle Owner Tanker No. Rj07Ga5705)
2. Gurucharan Singh S/o Shree Gurumukh Singh, 6-C-125
Jai Narayan Vyas Colony Bikaner (Tanker No.
Rj07Ga5705)
3. Mahaveer Das S/o Shre Kaandas, Norang Desar, Police
Station - Napasar, Tehsil And District Bikaner (Vehicle
Driver (Tanker No. Rj07Ga5705)
4. The Oriental Insurance Company, Through Branch
Manager, Panchshati Circle, Sadulganj Bikaner Police No.
243800/31/2018/9947 Vaild Form Date 25-03-2018 To
24-03-2019 (Insurance Company (Tanker No.
Rj07Ga5705)
----Respondents
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[2025:RJ-JD:46265] (2 of 4) [CMA-3004/2025]
For Appellant(s) : Mr. Sourabh Kant Vyas
For Respondent(s) : Mr. L.D. Khatri, for respondent No.4
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/10/2025
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 21.04.2025
passed by learned Judge, Motor Accident Claims Tribunal, Bikaner
(hereinafter referred to as "the learned MACT/Tribunal") in MAC
Case No.40/2019, whereby the learned Tribunal partly allowed the
claim petition filed by the appellants/claimants and awarded a
meager compensation of Rs.19,57,364/-.
Brief facts of the case are that the appellants-claimants filed
a claim petition under Section 166 of MV Act before the learned
Tribunal stating that on 25.09.2017 Sahiram was traveling from
Bikaner to his village Gusainsar in a pickup vehicle bearing
registration No.RJ-21-GB-1838. At about 8.30 P.M. a truck bearing
registration No.RJ-07-GA-5705 driven by respondent No.3 rashly &
negligently and hit Sahiram. As a result of which, Sahiram
succumbed to injuries. It is stated by the appellants-claimants
that the learned Tribunal has awarded a very meager amount to
the appellants in the death case, therefore, the same may be
enhanced accordingly.
In response, the respondents No.1 to 3/Owner & Driver of
the vehicle and respondent No.4/Insurance Company filed their
separate reply to the claim petition, denying the averments of the
claim petition.
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[2025:RJ-JD:46265] (3 of 4) [CMA-3004/2025]
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 two witnesses and
exhibited some documents. In defence, neither any witness nor
any 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.19,57,364/- 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
awarded meager compensation to the appellants/claimants. It is
also submitted by him that the learned Tribunal has not
considered his future income and other aspects while granting the
meager amount of compensation. 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 respondent and perused the award impugned.
I have considered the arguments advanced before me and
carefully gone through the material available on record, the
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[2025:RJ-JD:46265] (4 of 4) [CMA-3004/2025]
learned Tribunal after considering each and every aspect, has
rightly awarded the amount of compensation to the
appellants/claimants. However, learned Tribunal did not award any
compensation under the head of vehicle damage and thus this
Court deems it appropriate to award the amount under the head
of vehicle damage.
In view of the above, the appellants/claimants are granted
Rs.40,000/- along with interest @ 6% p.a. under the head of
vehicle damage from the date of filing of claim petition i.e.
16.01.2019 till the date of its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.40,000/- (Forty 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.
21.04.2025, 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.
Pending application(s), if any, stands decided. Record of the
case, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
117-Ishan/-
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