Rajasthan High Court - Jodhpur
Mst. Pushpa Devi And Ors vs Gurumukh Singh And Ors ... on 11 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:40598]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 79/2001
1. Mst. Pushpa Devi W/o. Late Shri Kishan Gopal Sharma
2. Dharmendra Kumar (Minor) S/o. Late Shri Kishan Gopal
Sharma
3. Miss. Meena Kumari (Minor), D/o. Late Shri Kishan Gopal
Sharma
4. Miss Soniya (Minor), D/o. Late Shri Kishan Gopal Sharma
Above Nos. 2 to 4 are minor and
through their Motor and Natural Guardian above No.1 Pushpa
Devi
All Above 1 to 4 R/o. Radha Krishna Colony, Bhilwara (Raj.).
----Appellants-Claimants
Versus
1. Shri Gurumukh Singh S/o. Shri Banarasi Das ji Saini, R/o.
46/2 Ramnagar, Tohana, District Hisar (Haryana)
--Truck Owner
2. Shri Napeh Singh S/o. Shri Kashi Ram Jat, R/o. Sultan Singh,
District Hisar (Haryana) {Dispensed with}
---Driver
3. The Oriental Company Ltd., through Branch Manager, Branch
Office, Bhilwara, Bhilwara (Rajasthan)
---Truck Insurer
4. Rajasthan State Roadways Corporation Ltd., through Depot
Manager, Bhilwara Depo (RSRTC), Bhilwara (Raj.).
---Bus Owner
5. Mst. Kamla Devi W/o. Ram Gopal Sharma, R/o. Radha
Krishnan Colony, Bhilwara (Raj.).
---Claimant No.5
----Respondents
For Appellant(s) : Mr. Tribhuwan Gupta
For Respondent(s) : Mr. Dhanpat Choudhary for Oriental
Insurance
Mr. D. K. Joshi for RSRTC
Mr. Mudit Bachhawat
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
11/09/2025
1. Heard learned counsel for the parties.
2. The present appeal has been preferred against the judgment
and award dated 24.07.2000 passed by the learned Judge, Motor
Accident Claims Tribunal, Bhilwara (hereinafter referred to as the
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[2025:RJ-JD:40598] (2 of 4) [CMA-79/2001]
'learned Tribunal') in M.A.C. Case No.407/95, whereby, the claim
petition filed by the appellants-claimants was partly allowed and
an amount of Rs.1,82,400/- was awarded as compensation to the
appellants-claimants.
3. Briefly noted the facts in the present appeal are that on
account of an accident, which occurred on 25.09.1995, Kishan
Gopal, who was the driver of the Roadways bus bearing
registration No.RJ-06/P-235 succumbed to the injuries sustained
in the accident. Therefore, the Legal Representatives of deceased-
Kishan Gopal filed a claim petition before the learned Tribunal and
learned Tribunal after adjudicating the same, passed the judgment
and award dated 24.07.2000, whereby, the compensation of
Rs.1,82,400/- was awarded in favour of the appellants-claimants.
Dissatisfied with the judgment and award dated 24.07.2000
passed by the learned Tribunal, the present appeal has been
preferred.
4. Learned counsel for the appellants-claimants submits that
although Kishan Gopal (deceased) was working as a driver in the
Rajasthan Roadways and was being paid Rs.40/- per day as
temporary wager on casual basis, but the possibility of he being
confirmed in the Rajasthan Roadways cannot be ruled out and,
therefore, his income of Rs.4,000/- should be taken into
consideration while re-computation of the award in the present
case. He further submits that the amount of compensation is
required to be re-computed in light of the judgment of Hon'ble the
Supreme Court in the case of National Insurance Company
Ltd. vs. Pranay Sethi reported in AIR (2017) SC 5157.
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[2025:RJ-JD:40598] (3 of 4) [CMA-79/2001]
5. Learned counsel for the respondents, while opposing the
submissions made by learned counsel for the appellants, are not
in a position to refute the submissions that the award in the
present case is required to be re-computed in pursuance of the
judgment rendered by Hon'ble The Supreme Court in the case of
Pranay Sethi (supra).
6. I have considered the submissions made at the Bar and
gone through the relevant record of the case including the
impugned judgment and award dated 24.07.2000.
7. The argument of the learned counsel for the appellants-
claimants that the income of Kishan Gopal (deceased) should be
taken as Rs.4,000/- as there was possibility of Kishan Gopal
(deceased) being regularized in the Rajasthan Roadways, is noted
to be rejected only on the ground that on the date of accident
since Kishan Gopal (deceased) was working as temporary wager
on casual basis driver, therefore, it cannot be assumed that his
services would have been regularized in due course of time. Thus,
the learned Tribunal has rightly assessed the income of Kishan
Gopal (deceased) as Rs.1200/- per month.
8. 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).
9. Learned counsel for the parties have submitted a joint re-
computation of the amount of compensation in the present case
which is as under:-
Salary Rs.1200/- --
Daily Wages 40% = Rs.480/- --
Total = 1680/- --
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[2025:RJ-JD:40598] (4 of 4) [CMA-79/2001]
1680 x 12 x 16= 3,22,560/-
Consortium Head 48000 x 4= 1,92,000/-
Funeral 18,000/-
Loss of Estate 18,000/-
Total Rs. 5,50,560/-
(-) Amount already awarded by the Rs. 1,82,400/-
Tribunal
Enhanced amount Rs. 3,68,160/-
10. In view of the re-computation of the amount made herein
above, the present civil misc. appeal merits acceptance and the
same is allowed. The appellants-claimants are entitled to an
enhanced amount of Rs.3,68,160/- (Rupees: Three Lac Sixty
Eight Thousand One Hundred Sixty Only) in addition to
amount already awarded by the learned Tribunal vide its judgment
and award dated 24.07.2000, which shall be paid by the
respondents to the appellants-claimants within a period of eight
weeks from today. The enhanced amount shall carry interest @
6% per annum from the date of filing of the claim petition, till the
same is paid by the respondents.
(VINIT KUMAR MATHUR),J
35-SunilS/Shahenshah/-
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