Rajasthan High Court - Jodhpur
Lrs Of Mangi Lal 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. 3355/2018
1. Lrs Of Mangi Lal, S/o Ratta Bheel (Died)
1/1. Laxman S/o Mangi Lal Bheel, Aged About 49 Years,
1/2. Ramchandra S/o Mangi Lal Bheel, Aged About 42 Years,
1/3. Sohan Lal S/o Mangi Lal Bheel, Aged About 39 Years,
2. Miss Geeta D/o Late Sh. Surajmal Bheel, Aged About 12
Years, Minor Through Her Natural Guardian Uncle Laxman
(Appellant No.1/1)
All R/o Mohji Ka Kheda (Jalki Kheda), Tehsil Gangrar,
District Chittorgarh (Raj.)
----Appellants
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 Ghesu 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 appellants-
claimants 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.56/2018 (901/2011), whereby
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the learned Tribunal partly allowed the claim petition filed by the
appellants/claimants and awarded a meager compensation of
Rs.5,22,000/-.
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 Surajmal, who
succumbed to injuries sustained in a motor vehicle 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 claimants/appellants 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.5,22,000/- 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
committed a serious error in awarding a meager compensation
under the heads of consortium, loss of estate and funeral
expenses. The learned Tribunal has further committed error in
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deducting 1/2 from the income towards the personal expenses of
the deceased. The learned Tribunal has not awarded 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.5,22,000/-
only without future prospects. The future prospects are 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.
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 while adding future prospects. Thus, the
compensation payable to the claimants/appellants would be
recalculated.
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The monthly income of the deceased Surajmal has rightly
been assessed by the Tribunal as Rs.4,000/-, in which 40% future
prospects should be added. According to the age of the deceased,
multiplier of 18 has rightly been applied by the Tribunal and
looking to the fact that the deceased was a married person,
deduction of 1/3 should be made towards personal expenses of
the deceased instead of 1/2. Accordingly, the re-computation of
the award shall be as under:-
Income : Rs.4,000/- p.m.
Future Prospects : 40%
Income after adding future prospects : Rs.5600/- (4000+1600)
Deduction : 2/3
Multiplier : 18
Calculation: 5600 X 12 X 18 X 2/3 = Rs.8,06,400/-
Loss of estate and Funeral Expenses = Rs.36,300/-
Loss of Consortium = Rs.96,800/-
Total amount of compensation : Rs.9,39,500/-
Amount awarded by the Tribunal : Rs.5,22,000/-
Enhanced amount :
Rs.9,39,500-Rs.5,22,000 = Rs.4,17,500/- along with
interest @ 6% p.a. from the date of filing of the 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.4,17,500/- along with
interest @ 6% p.a. from the date of filing of the claim petition i.e.
11.04.2011 till its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.4,17,500/- (Four Lakhs Seventeen Thousand Five
Hundred rupees only) shall be paid by the Insurance Company to
the appellants-claimants, in addition to the amount already
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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 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. The amount be disbursed between
the claimants in terms of the award dated 27.07.2018.
Pending applications, if any, also decided.
Record, if received, be sent back to the Tribunal forthwith.
(MANOJ KUMAR GARG),J
158-MS/-
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