[2025:RJ-JP:4036] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1649/2014 1. Smt. Kanta Kapoor wife of late Shri Arvind Kapoor, aged 52 years. 2. Kumari Nistha Kapoor D/o late Shri Arvind Kapoor, aged 24 years. 3. Gaurav Kapoor son of late Shri Arvind Kapoor, aged 21 years. 4. Smt. Mohini Kapoor wife of late Shri Tilakraj Kapoor, aged 78 years. All residents of 567, Sindhi Colony, Rajapark, Adarsh Nagar, Jaipur ----Claimants-Appellants Versus 1. Ved Prakash son of Shri Ramchandra, resident of 6-Kha-37, Jawahar Nagar, Jaipur, presently residing at 485, Shantipath, Sindhi Colony, Police Station Jawahar Nagar, Jaipur (Driver) 2. M/s. ALCO Enamelled Wire Manufacturing Company Private Limited, B-525, Road No.6, V.K.I. Area, Jaipur through Manager (Owner) 3. Reliance General Insurance Company Limited through Branch Manager, Vaishali Nagar, Jaipur (Insurance Company) ----Respondents For Appellant(s) : Mr. K.N. Tiwari, Advocate For Respondent(s) : Mr. Virendra Agarwal, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 29/01/2025 Instant miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the claimants-appellants against the impugned judgment & award dated 10.02.2014 passed by the Court of Additional District & Sessions Judge, No.15, Jaipur Metropolitan, Jaipur (for short ‘the ld. Trial Court), in Claim Petition No.156/2012 (157/10) titled as Smt. Kanta Kapoor & Others Vs. Vedprakash & Others, whereby ld. Trial Court had partly allowed the claim petition & awarded compensation to the tune of Rs.5,25,416/- in favour of the claimants-appellants on account of death of one Arvind Kapoor, in a road accident took place on 19.06.2010. [2025:RJ-JP:4036] (2 of 4) [CMA-1649/2014] Learned counsel appearing for the claimants-appellants submits that at the time of alleged incident, the deceased was 53 years of age & used to work in the Ambey Marketing. Counsel also submits that the ld. Trial Court had not awarded any amount under the head of future prospects & loss of estate. The ld. Trial Court has wrongly awarded a lump sum amount of Rs.40,000/- towards consortium, whereas it should be Rs.40,000/- per claimant & the overall assessment of the compensation is too low, highly unreasonable and against well settled law governing quantum of compensation. Hence, the present appeal may be allowed & the award amount be enhanced suitably. In support of his submissions, learned counsel appearing for the claimants-appellants, has placed reliance upon the judgments of the Hon’ble Supreme Court in the cases of National Insurance Company Limited Vs. Pranay Sethi & Others, (2017) 16 SCC 680, Magma General Insurance Company Limited Vs. Nanuram & Others, (2018) 18 SCC 130 & New India Assurance Company & Others Vs. Somwati & Others, MANU/SC/0674/2020, wherein reasonable figures on conventional heads, namely ‘loss of estate’, ‘loss of consortium’ and ‘funeral expenses’ held to be Rs.15,000/-, 40,000/- each claimant & Rs.15,000/- respectively. The parents, wife and children of the deceased are also entitled to get the award under the head of ‘loss of consortium’. Per contra, learned counsel appearing for respondents, while opposing the aforesaid contentions, justified the compensation so awarded to the claimants-appellants under the various heads and prayed for dismissal of the present appeal. Heard learned counsel for the parties, considered the submissions made at bar, gone through the judgment & award passed by ld. Trial Court & the material made available on record as well as the judgments cited herein above. [2025:RJ-JP:4036] (3 of 4) [CMA-1649/2014] As per the judgment of the Hon’ble Apex Court in the case of Sarla Verma & Others Vs. Delhi Transport Corporation & Others, 2009 (2) TAC (SC), the ld. Trial Court had already awarded Rs.4,60,416/- towards ‘loss of income. The ld. Trial Court had not awarded any amount under the head of future prospects & loss of estate. The ld. Trial Court had further awarded Rs.40,000/- on account of ‘loss of consortium’ (Rs.10,000/- to each) & Rs.25000/- on account of ‘funeral expenses’, which is inadequate. In view of the judgments of the Hon’ble Apex Court in the case of Pranay Sethi (supra) & Magma General Insurance Company Limited (Supra), the claimants-appellants are also entitled to get Rs.15,000/- as ‘loss of estate’, Rs.40,000/- each as ‘loss of consortium’ and Rs.15,000/- as ‘funeral expenses’ alongwith the future prospects @ 10%. On the basis of the aforesaid facts & analysis, this Court is of the opinion that the just compensation to be awarded to the claimants-appellants under the aforesaid heads ought to have been as under:- 1. Loss of Income =Rs.5,06,352/- (155x30x12x11-1/4th+10%) 3. Loss of consortium =Rs.1,60,000/-(Rs.40,000/-x4) 4. Loss of Estate =Rs.15,000/- 5. Funeral Expenses = Rs.15,000/- Total Rs.6,96,352/- In view of the aforesaid facts & circumstances of the case, the impugned award dated 10.02.2014 is liable to be modified as above and the claimants-appellants are entitled to be awarded compensation to the tune of Rs.6,96,352/- instead of Rs.5,25,416/-/- alongwith interest 7% per annum from the date of filing of claim petition as per [2025:RJ-JP:4036] (4 of 4) [CMA-1649/2014] the terms of the Trial Court. The compensation amount received by the claimants-appellants in pursuant to the award dt.10.02.2014 passed by ld. Trial Court shall be adjusted in the present order & award and the claimants-appellants are entitled to receive the remaining amount. Consequently, the appeal is partly allowed. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J. ASHOK/