Rajasthan High Court - Jodhpur
Chetan Lal vs Kamlesh Kumar (2025:Rj-Jd:46588) on 29 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:46588]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1376/2025
1. Chetan Lal S/o Kodar Kalasua Meena, Aged 44 Years,
2. Sushri Ravina D/o Chetan Lal Kalasua Meena, Aged About
21 Years,
3. Ritu S/o Chetan Lal Kalasua Meena, Aged About 19 Years,
4. Smt. Kesar W/o Kodar Kalasua Meena, Aged 64 Years,
5. Kodar S/o Ramji Kalasua Meena, Aged About 65 Years,
All R/o Ghatau, Fala Nichala, Tehsil & District Dungarpur.
----Appellants
Versus
1. Kamlesh Kumar S/o Nathuji Kalasua, R/o Ghatau, Fala
Nichala, Tehsil And District Dungarpur. (Driver)
2. Kamlesh Kumar S/o Surajmaal @ Surajmal Kalasua, R/o
Ghatau, Fala Nichala, Tehsil And District Dungarpur.
(Owner)
3. United India Insurance Company Limited Chennai, Branch
Office Near Laxman Ground, Udaipur Road, Dungarpur.
(Insurer)
----Respondents
For Appellant(s) : Mr. Gaju Singh Rathore, Adv.
For Respondent(s) : Mr. Amit Kumar Rathore, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/10/2025
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 06.11.2024
passed by learned Judge, Motor Accident Claim Tribunal,
Dungarpur (hereinafter referred to as "the learned
MACT/Tribunal") in MAC Case No.52/2022, whereby the learned
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Tribunal partly allowed the claim petition filed by the
appellants/claimants and awarded a meager compensation of
Rs.11,50,225/-.
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 Smt. Dhanu, who
succumbed to injuries sustained in a motor vehicle accident,
occurred on 18.08.2020. It was averred that the accident was the
result of rash and negligent driving on the part of respondent
No.1, driver of the offending motorcycle.
In response, the respondents No.3-Insurance Company filed
its reply to the claim petition, denying the averments of the claim
petition. However, ex-parte proceedings were drawn against the
respondents No.1 & 2, who are driver and owner of the offending
motorcycle.
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, the respondent No.3-
Insurance Company did not produce any oral or documentary
evidence.
After hearing the arguments of the parties, the learned
Tribunal partly allowed the claim petition and awarded a meager
compensation of Rs.11,50,225/- in favour of the
appellants/claimants. Hence this civil misc. appeal for
enhancement of compensation.
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While praying for enhancement, learned counsel for the
appellants-claimants has argued that the learned Tribunal
committed a serious error in awarding a meager compensation.
Counsel submits that the deceased was a skilled labour, but
learned Tribunal while treating the deceased as unskilled labour
has wrongly assessed her income as Rs.5,850/- per month,
whereas in the year 2020, the income of a skilled labour was
Rs.6,552/- per month. Counsel further submits that the learned
Tribunal has further committed error in awarding meager
compensation under the heads of loss of estate, consortium and
funeral expenses. It is prayed that the amount of compensation
awarded by the Tribunal may be enhanced.
Per contra, learned counsel for the respondent No.3-
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.11,50,225/-
only while treating the deceased Smt. Dhanu as unskilled labour.
From the statements of the witnesses, it appears that the
deceased Smt. Dhanu was doing the stitching work and thereby
she was earning a handsome income. Thus, the deceased Smt.
Dhanu was a skilled labour. Learned Tribunal has committed error
while assessing the income of the deceased as unskilled labour.
Accordingly, the loss of income of the deceased should be
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recalculated while taking the monthly income of the deceased
Smt. Dhanu as Rs.6,552/- per month as skilled labour. The
amount awarded under the heads of loss of estage, consortium &
funeral expenses is also appears to be on the lower side and the
same is liable to be enhanced in the facts and circumstances of
the case. Accordingly, the re-computation of the award shall be as
under :-
Income : Rs.6,552/- (per month)
Multiplier :14
Deduction : 1/3
Future Prospects : 25%
Loss of income calculation: 6,552 X 12 X 14 X 1/3 X 25%
= Rs.9,17,280/-
Loss of estate and Funeral Expenses = Rs.36,000/-
Loss of Consortium = Rs.1,44,000/-
Medical expenses = Rs.2,61,225/-
Total amount of compensation : Rs.13,58,505/-
Amount awarded by the Tribunal : Rs.11,50,225/-
Enhanced amount :
Rs.13,58,505-Rs.11,50,225 = Rs.2,08,280/- along with
interest @ 6% p.a. from the date of filing of the claim
petition i.e. 06.10.2020 till its realization.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.2,08,300/- (round off)
along with interest @ 6% p.a. from the date of filing of the claim
petition i.e. 06.10.2020 till its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.2,08,300/- (Two Lakhs Eight Thousand Three
Hundred 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. 06.11.2024, within a period
of four weeks from today along with interest @ 6% p.m. from the
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date of filing of the claim petition i.e. 06.10.2020 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
125-MS/-
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