Rajasthan High Court - Jodhpur
Keke vs Dinesh Kumar (2025:Rj-Jd:46612) on 29 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:46612]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3470/2011
1. Keke D/o Late Shri Rana Ram, aged about 3 years, minor
through her natural guardian grand father, appellant
No.3, R/o Bhetala Via Siyana Tehsil And District Jalore.
2. Gaji W/o Dungaji, aged about 58 years, By Caste Rebari
R/o Bhetala Via Siyana Tehsil And District Jalore.
3. Dunga S/o Jeevaji, aged about 60 years, By Caste Rebari
R/o Bhetala Via Siyana Tehsil And District Jalore.
----Appellants
Versus
1. Dinesh Kumar S/o Runmaji, R/o Jamotara, Tehsil
Shoganj, District Sirohi.
2. Makbul Hussan S/o Hussan Khan, By Caste Musalman,
R/o Javal Tehsil And District Sirohi.
3. The New India Insurance Company Limited, Through
Divisional Manager, Registered Office Abhey Chambers,
Jalori gate, Jodhpur.
4. Rata Ram S/o Samrathaji, By Caste Bheel R/o
Mandwariya Tehsil And District Sirohi.
5. Jubada Bano W/o Rawat Khanji, By Caste Musalman R/o
Deldar Tehsil And District Sirohi.
6. Saru W/o Late Rana Ram, By Caste Rebari R/o Bhetala
Via Siyana, Tehsil And District Jalore.
7. Keva Ram S/o Dunga, By Caste Rebari R/o Bhetala Via
Siyana, Tehsil And District Jalore.
----Respondents
For Appellant(s) : Mr. Surendra Surana
For Respondent(s) : Mr. Jagdish Vyas
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
29/10/2025
Instant misc. appeal has been filed by the appellants-
claimants under Section 173 of the Motor Vehicles Act, 1988,
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assailing the impugned judgment & award dated 09.04.2003
passed by learned Judge, Motor Accident Claim Tribunal, District
Sirohi (hereinafter referred to as "the learned MACT/Tribunal") in
MAC Case No.372/2001 (72/2000), whereby the learned Tribunal
partly allowed the claim petition filed by the appellants/claimants
and awarded a meager compensation of Rs.1,82,000/-.
Brief facts of the case are that the appellants-complainants
filed a claim petition under Section 166 of MV Act before the
learned Tribunal stating that on 17.05.2000, deceased Rana Ram
along with his family members were traveling in a jeep bearing
registration No. RJ-16-T-0273 which was driven rashly and
negligently by respondent No.1 Dinesh. At the same time another
jeep bearing registration No. RJ-24-T-097 coming from opposite
direction being driven by respondent No.4, due to rash and
negligent driving of both the drivers, the jeeps collided with each
other. As a result of which, jeep in which deceased Rana Ram was
traveling, turned over and due to grievous injuries, Rana Ram
succumbed to the injuries on the spot. It was averred in the claim
petition that the accident occurred due to rash and negligent
driving of respondents No.1 & 4 and the claimants sought
adequate compensation for the death of Rana Ram.
In response, the respondent No.1/Driver of jeep No. RJ-16-T-
0273 and respondent No.3/Insurance Company filed separate
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 eight issues including the relief.
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In order to substantiate the averments made in the claim
petition, the claimants/appellants examined two witnesses and
exhibited some documents. In defence, no witness was examined.
After hearing the arguments of the parties, the learned
Tribunal partly allowed the claim petition and awarded a meager
compensation of Rs.1,82,000/- 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 erred
in considering the monthly income of the deceased as Rs.1,250/-
per month, whereas the monthly income of the deceased was
about Rs.1,560/- as per minimum wages prevailing at the relevant
time. Counsel submits that the learned Tribunal has awarded
lower compensation under the loss of estate and other heads. 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 respondents and perused the award impugned.
Considering the age of the deceased as 25 years, the learned
Tribunal has wrongly applied multiplier of 15 whereas it should by
18. Further, the Tribunal has rightly deducted 1/3 share towards
personal expenses of the deceased. Under the heads of loss of
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estate, the learned Tribunal has rightly awarded Rs.30,000/-.
However, under the head of loss of income, the learned Tribunal
has awarded a lesser amount of Rs.1,50,000/- which is also 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.1560/- (per month)
Age : 25 years
Multiplier : 18
Deduction : 1/3
Future Prospects : 40%
Calculation: 1560 X 12 + 40%X 18 X 3/4 = Rs.3,14,496/-
General Damages (40,000X3) = Rs.1,20,000/-
Funeral Expenses & Loss of Estate = Rs.30,000/-
Total amount of compensation : Rs.4,64,496/-
Amount awarded by the Tribunal : Rs.1,82,000/-
Enhanced amount :
Rs.4,64,496 - Rs.1,82,000 = Rs.2,82,496/- along with
interest @ 6% p.a. from the date 01.06.2000 till its
realization.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.2,82,496/- along with
interest @ 6% p.a. from the date 01.06.2000 till its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.2,82,496/- (Two Lakh Eighty Two Thousand Four
Hundred Ninety Six rupees only) shall be paid by the Insurance
Company to the appellants-claimants, in addition to the amount
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already awarded by the Tribunal vide order dt. 09.04.2003, within
a period of four weeks from today along with interest @ 6% p.m.
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.
(MANOJ KUMAR GARG),J
112-Rashi/-
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