Rajasthan High Court - Jodhpur
Smt. Mangi And Ors vs Harbhajan Singh And Anr ... on 8 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:39766]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 990/2001
1. Smt. Mangi Wd/o.Heera Rawat, aged 31 years,
2. Susri Kankoo D/oHeera Rawat, aged 13 years (Minor),
3. Chunnilal S/o.Heera Rawat, aged 11 years (Minor),
4. Shankar S/o. Heera Rawat, aged 9 years (Minor)
5. Susri Nathi D/o.Heera Rawat, aged 7 years (Minor)
Appellants No.2 to 5 are minors, through their natural
guardian mother Smt. Mangi Wd/o.Heera Rawat.
6. Smt. Roopi Wd/o. Moda Rawat, Aged 56 years,
All are residents of Rewaton Ka Khera, Teh. Vallabhnagar,
District Udaipur (Raj.).
----Appellant
Versus
1. Harbhajan Singh S/o Karam Singh Sikh, 16 Transport Centre,
Azadpur Mandi, Delhi.
2. The New India Insurance Company Ltd., through Manager,
Branch Office, Udaipur.
----Respondent
For Appellant(s) : Mr. Deelip Kawadia with
Mr. Pooshan
For Respondent(s) : Mr. N.K. Mehta with
Mr. Arun Dadhich
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
08/09/2025
1. Heard learned counsel for the parties.
2. The present appeal has been filed by the appellants for
enhancement of the award dated 02.08.2001 passed by learned
Motor Accident Claims Tribunal, Udaipur (hereinafter referred to as
'the Tribunal') in MAC Case No.17/1996, whereby, the claim
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petition preferred by the appellants was allowed and the
appellants were awarded a sum of Rs.1,08,000/-.
3. Learned counsel for the appellants submits that in the
accident which occurred on 18.08.1995, Heera S/o. Moda passed
away and, therefore, legal representatives of Heera have preferred
a claim petition before learned Tribunal. Learned Tribunal, after
appreciating the evidence on record and framing the issues, has
allowed the claim petition of the appellants by awarding a
compensation of Rs.1,08,000/- and learned counsel submits that
the computation of the award requires recomputation in the light
of the judgment of Hon'ble Supreme Court in the case of National
Insurance Company Ltd. vs. Pranay Sethi reported in AIR
(2017) SC 5157. He, therefore, submits that the findings
recorded by learned Tribunal on the issue of income, age,
dependents and multiplier are required to be re-computed in the
light of the judgment rendered by Hon'ble Supreme Court in the
case of Pranay Sethi (supra). Learned counsel submits that the
amount awarded towards the loss of consortium may also be re-
computed in light of the judgment rendered by Hon'ble Supreme
Court in the case of the New India Assurance Company Ltd. &
Ors vs. Somwati & Ors., 2020 (9) SCC 644. He, therefore,
prays that the present appeal may be allowed and the amount of
compensation may be re-computed in light of the judgment of
Hon'ble Supreme Court in case of Pranay Sethi (supra) and
Somwati (supra). He further submits that as per the judgment
dated 14 July, 2025 rendered by the Hon'ble Supreme Court in
case of The Oriental Insurance Co. Ltd. vs. Niru @ Niharika &
Ors in Special leave Petition © No.22136 of 2024, the
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appellants are also entitled to get an interest @ 9% per annum on
the enhanced amount.
4. Learned counsel for the respondent Insurance Company
though opposed by the submissions made by learned counsel for
the appellants, however, he is not in a position to refute the fact
that the amount of compensation is required to be re-computed in
light of the judgments rendered by Hon'ble Supreme Court in the
case of Pranay Sethi (supra) and Somwati (supra).
5. Considering the submissions made at the Bar, the amount of
compensation in the present case is being re-computed as
under :-
1. Loss of Income (Annual
[As per the age of 35-40 years 1000x12x15x3/4
of the deceased, multiplier of 15 =1,35,000/-
and 1/4th deduction]
Addition of future prospects @ 40% =54,000/-
Total Annual Income =1,89,000/-
2. Loss of Consortium
48000/- each x 6 for 6 claimants =2,88,000/-
3. Loss of Estate/Pain and Sufferings =36,000/-
Total (A+B+C) (5,13,000/-)
Amount awarded by Tribunal (-) 1,08,000/-
Enhanced amount of compensation 4,05,000/-
@ 9% interest (as awarded by Tribunal)
6. Accordingly, the appeal is allowed. The judgment and award
dated 02.08.2001 is modified to the extent of enhancement made
in the re-computation made hereinabove. It is made clear that if
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the awarded amount or any part of it has already been paid, then
the same be adjusted against the enhanced amount. The
appellants will be entitled to get an interest on the enhanced
amount @ 9% per annum as per the judgment of Hon'ble
Supreme Court in case of The Oriental Insurance Co. Ltd. vs. Niru
@ Niharika & Ors (supra) from the date of filing the claim petition
till the same is paid by the respondents.
(VINIT KUMAR MATHUR),J
1-SanjayS/-
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