Rajasthan High Court - Jodhpur
Raju vs Mukesh Kumar Nakwal ... on 29 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:46653]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3346/2018
Raju S/o Pyarji, Aged About 27 Years, B/c Salvi, R/o Gangrar,
District Chittorgarh (Raj.)
----Appellant
Versus
1. Mukesh Kumar Nakwal S/o Bheru Lal Nakwal, R/o Behind
Tagore School, Vijay Singh Pathik Nagar, Bhilwara (Raj.)
(Owner)
2. Raju S/o Ghisu Lal Sen, R/o Khedakhunt Mataji Ki Gali,
Sanjay Colony, Bhilwara (Raj.) (Driver)
3. National Insurance Company Ltd, Through Its Divisional
Manager, Divisional Office, Chittorgarh (Insurer)
----Respondents
For Appellant(s) : Mr. Manish Pitaliya, Adv.
For Respondent(s) : Mr. Sunil Vyas, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/10/2025
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 27.07.2018 passed by learned
Judge, Family Court & Motor Accident Claim Tribunal, Chittorgarh
(hereinafter referred to as "the learned MACT/Tribunal") in MAC
Case No.55/2018 (885/2011), whereby the learned Tribunal partly
allowed the claim petition filed by the appellant/claimant and
awarded a meager compensation of Rs.3,49,950/-.
Brief facts of the case are that the appellant-complainant
filed a claim petition under Section 166 of MV Act before the
learned Tribunal seeking compensation for the injuries sustained
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by him due to a motor vehicular accident occurred on 23.12.2010.
It was averred that the accident was the result of rash and
negligent driving on the part of respondent No.2, driver of the
offending car.
In response, the respondents No.1 to 3 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 claimant/appellant examined three 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.3,49,950/- 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
calculating the future loss of income. Further, the learned Tribunal
has awarded lower compensation under the heads of pain &
suffering and for hospitalization period. It is therefore, prayed that
the amount of compensation awarded by the Tribunal may be
enhanced adequately.
Per contra, learned counsel for the respondent No.3-
Insurance Company while vehemently opposing the prayer of the
appellant has submitted that amount granted by the Tribunal is
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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 respondents and perused the award impugned.
On perusal of the award, it appears that at the time of
accident, the age of the appellant was 27 years and he suffered
50% permanent disability in the accident. While assessing income
of the appellant, the learned Tribunal did not add future prospects
due to permanent disability suffered by the appellant. In the facts
and circumstances of the case, this Court deems it appropriate to
award adequate compensation under the head of loss of income
while adding 40% future prospect.
The learned Tribunal has also awarded meager compensation
under the heads of pain & suffering and for the period of
hospitalization for nine days, which are also liable to be enhanced
in the facts and circumstances of the case. Under the other heads,
the Tribunal has rightly awarded the compensation.
Accordingly, the re-computation of the award shall be as
under:-
Monthly Income : Rs.4,000
Future prospects : 40%
Income after adding future prospects : Rs.5,600/- (4000 + 1600)
Permanent Disability : 50%
Monthly loss of income : Rs.2800/- (5600 X 50%)
Multiplier : 17
Total loss of income : Rs.2800 X 12 X 17 = Rs. 5,71,200/-
Hospitalization (9 X 1600) : Rs.14,400/-
Pain & suffering : Rs.1,46,400/-
Medical expenses : Rs.66,950/-
Total amount of compensation comes to : Rs.7,98,950/-
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Amount awarded by the Tribunal : Rs.3,49,950/-
Enhanced amount :
Rs.7,98,950 - Rs.3,49,950 = Rs.4,49,000/- along with
interest @ 6% p.a. from the date of filing of claim petition
i.e. 11.04.2011 till its realization.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.4,49,000/- along with
interest @ 6% p.a. from the date of filing of claim petition i.e.
11.04.2011 till its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.4,49,000/- (Four Lakhs Forty Nine Thousand 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. 27.07.2018, within a period of four weeks
from today along with interest @ 6% p.a. from the date of filing of
the claim petition i.e. 11.04.2011 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
159-MS/-
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