[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Hawa Kanwar And Ors vs Manpreet Singh Alias Bittu And Ors ... on 19 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:9227]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Misc. Appeal No. 653/2002
1. Hawa Kanwar w/o latge Hinglaj Dan.
2. Khushbu alias Prabhsa d/o late Hinglaj Dan.
3. Mamta d/o late Hinglaj Dan.
4. Hitesh s/o late Hinglaj Dan.
All residents of Sakarawas, Tehsil Pali District Pali.
Appellants-Claimants No.2 to 4 are minors through their natural
guardian and mother Smt. Hawa Kanwar, appellant claimant No.1, at
present resident of Tagaur Nagar, Pali.
----Appellant
Versus
1. Manpreet Singh Alias Bittu s/o Surendra Singh, by caste Nai Sikh,
r/o Main Bazar, Sumerpur, Tehsil Bali District Pali.
2. Teerathpal Singh s/o Trilok Singh, by caste Sikh, r/o Vishnu
Transport, Jalore.
3. United India Insurance Company Ltd., Branch Office at Sumerpur,
Pali and Divisional Office at Residency road, Jodhpur.
4. Mohanlal s/o Misra, by caste Ghanchi r/o Mandia Tehsil Pali District
Pali.
5. Smt. Bhanwari Devi w/o Gumna Ram, by caste Ghanchi r/o Mandia
Tehsil Pali District Pali.
6. Gumna Ram s/o Misra, by caste Ghanchi r/o Mandia, Tehsil-Pali
District Pali.
7. United India Insurance company Ltd., through its Branch Office,
near Bus Stand, Pali-Marwar and Divisional Office at Residency Road,
Jodhpur.
----Respondent
For Appellant(s) : Mr. Mudit Vaishnava.
For Respondent(s) : None
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
19/02/2026
1. Heard learned counsel for the appellants.
2. Nobody has put in appearance on behalf of the respondents.
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[2026:RJ-JD:9227] (2 of 3) [CMA-653/2002]
3. Since the matter is more than 20 years old, therefore, it has
taken up for hearing today itself and being decided in absence of
learned counsel for the respondents.
4. The present appeal has been filed seeking enhancement of
the compensation awarded by the Motor Accident Claims Tribunal,
Pali (hereinafter referred to as 'Tribunal') vide its judgment and
award dated 05.12.2001.
5. Learned counsel for the appellants submits that on account
of the accident, which occurred on 07.10.1998, Hinglaj Dan died
during his treatment. On account of the death of Hinglaj Dan, a
claim petition was filed by the appellants-claimants before the
learned Tribunal. The learned Tribunal decided the claim petition
filed by the appellants-claimants vide its judgment and award
dated 05.12.2001 awarding a compensation to the tune of
Rs.2,64,000/-. Dissatisfied with the judgment and award dated
05.12.2001, the present appeal has been filed.
6. Learned counsel for the appellants, without joining the issue
on merit, submits that the factum of accident in the present case
is proved and involvement of the offending vehicle in the accident
is beyond any doubt, therefore, he prays that while maintaining
the factors employed by the learned Tribunal, the award is
required to be recomputed in the 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.
7. Considering the submissions made at the bar, this court feels
that interest of justice will be met, if the awarded amount is
recomputed in light of judgment rendered by Hon'ble Supreme
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[2026:RJ-JD:9227] (3 of 3) [CMA-653/2002]
court in the case of Pranay Sethi (supra). The award in the
present case is recomputed as under:-
Rs.2000/- per month.
Income of the deceased
Deduction:- Rs.1/4= Rs.500/-
The age of deceased was 28 years, therefore, a multiplier of
17 will be applied.
(I) Compensation due to Death Rs.1500x12x17 Rs. 3,06,000/-
(II) Future Prospects (40%) Rs. 1,22,400/-
(II) Funeral Expenses Rs. 18,000/-
(III) For Loss of Estate Rs. 18,000/-
(IV) Medical Expenses, Hospitalization, if any
Consortium 48,000x4 Rs. 1,92,000/-
Total Rs. 6,56,400/-
(-) Amount already awarded by the Tribunal Rs.2,64,000/-
Enhanced amount Rs. 3,92,400/-
8. In view of the re-computation of the award, the present
appeal is partly allowed. The appellants are entitled for an
enhanced amount of Rs.3,92,400/- in addition to the amount
already awarded by the learned Tribunal vide its judgment and
award dated 05.12.2002.
9. The respondents are directed to pay the enhanced amount of
Rs.3,92,400/- (Rupees Three Lacs Ninety Two Thousand
Four Hundred Only) to the appellants 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.
(VINIT KUMAR MATHUR),J
11-AnilSingh/-
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