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Rajasthan High Court - Jodhpur
Smt. Geeta And Ors vs Suja Ram And Ors (2026:Rj-Jd:9228) on 19 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:9228]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Misc. Appeal No. 737/2004
1. Smt. Geeta W/o Sata Ram, aged 33 years.
2. Veera Ram s/o Sata Ram, aged 14 years.
3. Mohan Ram s/o Sata Ram, aged 12 years.
4. Sarvan Ram s/o Sata Ram, aged 10 years.
5. Daula Ram s/o Sata Ram, aged 8 years.
6. Puna Ram s/o Joga Ram, aged 75 years.
All b/c Bheel r/o village Kui Tehsil Shergarh, District Jodhpur.
Appellants-claimants No.2 to 5 are minors through their natural
guardian and mother Smt. Geeta- appellant-claimant No.1
----Appellant
Versus
1. Suja Ram s/o Puna Ram, b/c bheel, r/o village Kui Tehsil
Shergarh District Jodhpur.
2. Ganesh Mal s/o Madanlal r/o village Kapuria District Jaisalmer.
3. United India Insurance Company Ltd., Divisional Office, 12
Residency Road, Jodhpur.
----Respondent
For Appellant(s) : Mr. Mudit Vaishnav.
For Respondent(s) : None.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
19/02/2026
1. Heard learned counsel for the appellants.
2. Nobody has put in appearance on behalf of the respondents.
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-
(Uploaded on 24/02/2026 at 11:53:02 AM)
[2026:RJ-JD:9228] (2 of 3) [CMA-737/2004]
I, Jodhpur (hereinafter referred to as 'Tribunal') vide its judgment
and award dated 08.07.2003 in M.A.C. Case No.537/1999.
5. Learned counsel for the appellants submits that on account
of the accident, which occurred on 16.10.1999, Sata Ram died
during his treatment. On account of the death of Sata Ram, 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 08.07.2003 awarding a compensation to the tune of
Rs.3,12,000/-. Dissatisfied with the judgment and award dated
08.07.2003, 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 is recomputed in
light of judgment rendered by Hon'ble Supreme court in the case
of Pranay Sethi (supra). The award in the present case is
recomputed as under:-
Income of the deceased Rs.2000/- per month.
Deduction:- Rs.1/4= Rs.500/-
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[2026:RJ-JD:9228] (3 of 3) [CMA-737/2004]
The age of deceased was 31 years, therefore, a multiplier of
16 will be applied.
(I) Compensation due to Death Rs. 2,88,000/-
Rs.1500x12x16
(II) Future Prospects (40%) Rs. 1,15,200/-
(II) Funeral Expenses Rs. 18,000/-
(III) For Loss of Estate Rs. 18,000/-
(IV) Medical Expenses, Hospitalization, if any
Consortium 48,000x6 Rs. 2,88,000/-
Total Rs. 7,64,000/-
(-) Amount already awarded by the Tribunal Rs.3,12,000/-
Enhanced amount Rs. 4,52,000/-
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.4,52,000 /-, in addition to the amount
already awarded by the learned Tribunal vide its judgment and
award dated 08.07.2003.
9. The respondents are directed to pay the enhanced amount of
Rs.4,52,000 /- (Rupees Four Lacs Fifty Two thousand 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
22-Anil Singh/-
(Uploaded on 24/02/2026 at 11:53:02 AM)
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