Rajasthan High Court - Jodhpur
W.C. Subhash Chandra Gauttam And Anr vs Ladulal And Ors (2025:Rj-Jd:39645) on 8 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:39645]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 42/2004
1. Wing Commander Subhash Chandra Gauttam S/o. Late
Yadramji, aged 47 years,
2. Nishant Gauttam, S/o. Subhash Chandra Gauttam, aged 19
years, R/o. P-9, Air Force Officer Colony, Ratanada.
Appellant-claimant No.2 is minor through his natural gurdian and
father Subhash Chandra, appellant-claimant No.1.
----Appellants-claimants
Versus
1. Ladulal @ Ladu Ram, S/o. Deepak Chand, B/c Gadari
(Purabia), R/o. Karvipura Police Station Bagore, District Bhilwara.
2. M/s Nahar Brothers, Gandhi Nagar, Bhilwara.
3. National Insurance Company Ltd. Divisional Office, 12 B Road,
Chopasani Road, Jodhpur.
4. Chimana Ram, S/o. Nimba Ram B/c Jat, R/o. Pandit Ji Ki
Dhani, Police Station Osian, Tehsil Osian, District Jodhpur.
5. Tej Singh S/o. Sawant Singh B/c Rajput, R/o. Village
Chirdhani Tehsil Bilara District Jodhpur. {Dispensed with}
6. The Oriental Insurance Company Ltd. Residency Road,
Jodhpur.
----Respondent-Non-petitioners
For Appellant(s) : Mr. Mudit Vaishnav for
Mr. Rajesh Panwar.
For Respondent(s) : Mr. TRS Sodha, for respondent No.3
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
08/09/2025
1. Heard learned counsel for the parties.
2. The present appeal has been preferred against the judgment
and award dated 02.12.2002 passed by the Motor Accident Claims
Tribunal (Ist), Jodhpur (hereinafter referred to as the 'Tribunal') in
M.A.C. Case No.55/97, whereby, the claim petition filed by the
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appellants-claimants was partly allowed and an amount of
Rs.4,82,000/- was awarded as compensation to the appellants-
claimants.
3. Briefly noted the facts in the present appeal are that on
account of an accident occurred on 31.10.1996, Dr. Smt. Archana
Gauttam W/o. appellant-claimant No.1 and mother of appellant-
claimant No.2, died near Sirohi by a Tanker bearing registration
No.RJ06-G-0381, which was being driven rashly and negligently
by respondent No.4. The appellants-claimants filed a claim petition
before the learned Tribunal for awarding a suitable compensation
in which the learned Tribunal framed four issues and after
appreciating the evidence on record, passed the judgment and
award dated 02.12.2002 for the compensation of Rs.4,82,000/- to
the appellants-claimants.
4. The appellants-claimants have assailed the validity of the
judgment and award dated 02.12.2002 passed by the learned
Tribunal and has canvassed before this Court that the amount
awarded in the present case is not inconsonance with the
judgment of the Hon'ble Supreme Court in the case of National
Insurance Company Ltd. vs. Pranay Sethi reported in AIR
(2017) SC 5157. Therefore, the amount of compensation is
required to be recomputed in light of the judgment of Hon'ble the
Supreme Court in the case of Pranay Sethi (supra).
5. Learned counsel for the respondent is not in a position to
refute the submissions made by the learned counsel for the
appellants-claimants.
6. Since the age, income and dependents of the deceased are
taken into consideration by the learned Tribunal based on the
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material available before it, therefore, this Court is not inclined to
change the same.
7. The compensation in the present case is now being re-
computed in light of the judgment of the Hon'ble Supreme Court
in the case of Pranay Sethi (supra).
8. Both the learned counsels have submitted a joint re-
computation of the amount of compensation in the present case
which is as under:-
Age of the Deceased 37 Years
Income Rs.5,499/-
Future Prospectus 50%
Deductions 1/3rd
Rs. 5499-1833= Rs. 3,666/-
Rs. 3,666 + 1833=Rs. 5,499/-
Rs. 5499 x 12x15=9,89,820/- Rs.9,89,820/-
Consortium- Rs.48,000 x 2=96,000/- Rs. 96,000/-
Funeral Expenses Rs. 18,000/-
Loss of Estate Rs. 18,000/-
Total Rs. 11,21,820/-
Amount already awarded by the Tribunal Rs. 4,82,000/-
Enhanced amount Rs. 6,39,820/-
9. In view of the re-computation of the amount made herein
above, the appellants-claimants are entitled to an enhanced
amount of Rs.6,39,820/- (Rupees: Six Lacs Thirty Nine
Thousand Eight Hundred Twenty Only) in addition to amount
already awarded by the Tribunal vide its judgment and award
dated 02.12.2002 in favour of appellants-claimants within a period
of eight weeks from today. The enhanced amount shall carry an
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interest @ 6% per annum from the date of filing of the claim
petition, till the same is paid by the respondents.
10. It is made clear that the proportion in which the amount is
required to be paid shall remain the same as ordered by the
learned Tribunal vide its judgment and award dated 02.12.2002.
11. The present civil misc. appeal is disposed of in the terms
stated above.
(VINIT KUMAR MATHUR),J
5-SunilS/Shahenshah/-
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