[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Smt. Geeta Devi And Ors vs Gordhan Ram @ Goru And Ors ... on 10 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:7411]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 831/2004
1. Smt. Geeta Devi W/o Dhana Ram, Aged about 56 years.
2. Dhana Ram S/o Kuma Ram
3. Bhugani Devi D/o Dhana Ram
4. Suman Devi D/o Dhana Ram.
All b/c Meghwal, R/o Karkedi Police Station, Chitava Post
Sablupura via Kuchaman City District Nagaur.
Appellants-claimants No.3 and 4 are minors through their
natural guardian, the father Dhana Ram, Appellants-Claimant
No.2.
----Appellants-Claimants
Versus
1. Gordhan Ram Alias Goru S/o Sewa Ram, B/c Jat R/o Karkedi
Police Station, Chitava Tehsil Nava District Nagaur.
2. Bodu Ram S/o Ghasi Ram, B/c Jat R/o Losal, Ward No.1
District Sikar.
3. United India Insurance Company Ltd. through its Branch
Officer, Sikar and Divisional Office at Residency Road, Jodhpur.
----Respondents-Non-claimants
Connected With
S.B. Civ. Cros. Obj. Misc. App No. 32/2005
Bodu Ram S/o Shri Ghasi Ram, by caste Jat, R/o Losal Ward
No.1, District Sikar, Rajasthan.
----Appellant/Owner of the bus.
Versus
1. Smt. Gita Devi W/o Shri Dhanna Ram, Aged 57 years.
2. Dhanna Ram D/o Kuma Ram, Aged 60 years.
3. Bhugani Devi D/o Dhanna Ram, aged 18 years.
4. Suman Devi D/o Dhanna Ram, Aged 16 years.
The respondent No.4 is a minor through her natural guardian
and father Shri Dhanna Ram S/o Shri Kuma Ram,
All by Caste Meghwal, R/o Karkeri, P.S. Chitawa, Post Sabalpura
via Kuchaman City, District Nagaur.
Claimants.
5. Gordhan Ram Alias Goru S/o Shri Sewa Ram, By caste Jat,
R/o Village Karkeri, P.S. Chitawa, Tehsil Nawa, District Nagaur
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[2026:RJ-JD:7411] (2 of 4) [CMA-831/2004]
(Raj.).
Driver of the bus.
6. United Insurance Company Ltd. Office Sikar, District Sikar.
----Insurer of the Bus.
For Appellant(s) : None.
For Respondent(s) : Mr. Vikram Choudhary
Mr. Mahesh Thanvi.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
10/02/2026
S.B. Civil Misc. Appeal No. 831/2004:-
1. Heard learned counsel for the respondents.
2. Since the matter has been pending for consideration before
this Court for more than 21 years, therefore, the same is being
decided in the absence of the learned counsel for the appellants.
3. The present appeal has been filed by the appellants for
enhancement of the compensation awarded by the Motor Accident
Claims Tribunal, Parbatsar vide its judgment and award dated
03.01.2004, wherein, in an accident, which occurred on
23.04.2002, Parmeshwarlal died. After death of Parmeshwarlal,
claimants preferred a claim application before the learned Tribunal
and the learned Tribunal after framing of the issues decided the
claim application vide judgment dated 03.01.2004, whereby an
award of Rs.1,94,000/- has been passed. Being dissatisfied with
the award passed by the learned Tribunal, the present appeal has
been filed.
4. Learned counsel for the respondents submits that the award
passed by the learned Tribunal is required to be re-computed in
light of the judgment of the Hon'ble Supreme Court in the case of
National Insurance Company Ltd. vs. Pranay Sethi reported
in (2017) SC 5157 in the following manner:-
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[2026:RJ-JD:7411] (3 of 4) [CMA-831/2004]
The age of deceased was 22 years, therefore, a multiplier of
18 will be applied.
Income of the deceased =2400/- per
month
Unmarried hence 2400/2=1200/-
(I) Compensation due to 1200 x12 x 18 Rs. 2,59,200/-
death
(II) Future Prospects (40%) (self employed) Rs. 1,03,680/-
Total Award Rs. 3,62,880/-
(-)Amount already awarded by the Tribunal Rs. 1,94,000/-
Enhanced amount Rs. 1,68,880/-
5. In view of the re-computation of the award, the present
appeal is partly allowed. The appellants-claimants are entitled for
an amount of Rs.1,68,880/- in addition to the amount already
awarded by the learned Tribunal vide its judgment and award
dated 03.01.2004.
6. The respondents are directed to pay the enhanced amount of
Rs.1,68,880/- (Rupees One Lakh Sixty Eight Thousand
Eight Hundred Eighty Only) to the appellants-claimants within a
period of six weeks from today. The enhanced amount shall carry
interest @ 6% per annum from the date of filing of the claim
application till the same is paid.
S.B. Civ. Cros. Obj. Misc. App No. 32/2005:-
1. Nobody has appeared on behalf of the cross objectors.
2. I have gone through the relevant record of the case.
3. It has been averred in the cross objection application that
the deceased Parmeshwarlal, on account of rash and negligent
driving by the Driver of the bus, succumbed to the injuries
sustained by him in the accident occurred on 23.04.2002. It is
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[2026:RJ-JD:7411] (4 of 4) [CMA-831/2004]
further stated that since the bus was fully insured, therefore,
there is no liability on the part of the owner of the bus to pay any
compensation. It is also stated that if at all any compensation is
required to be paid in the present case, then the liabilities of
paying the same squarely falls on respondent No.6, which is the
Insurance Company and, therefore, it is prayed that the judgment
of the learned Tribunal fastening the liability of paying the
compensation jointly and severally may be quashed and set aside
and it may be held that it is the Insurance Company who may
indemnify the award amount.
4. I have gone through the pleadings and the judgment &
award passed by the learned Tribunal.
5. The finding of fact on all the issues recorded by the learned
Tribunal is based on the evidence available on record. Since the
award passed by the learned Tribunal does not suffer from any
factual mistake during appreciation of evidence on the factum of
accident and has been rightly passed by it, therefore, this Court is
not inclined to interfere in the findings recorded by the learned
Tribunal.
6. Thus, there is no substance in the present cross objection
application filed by the applicants and the same is hereby
dismissed.
(VINIT KUMAR MATHUR),J
27-28-Shahenshah/SunilS-
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