[2025:RJ-JP:18599] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1922/2009 Ramlal s/o Shri Vijendra Singh, aged about 25 years, r/o village Shoroli, PS Vajirpur, District Sawaimadhopur ----Appellants Versus 1. Kadam Singh S/o Hukam Singh r/o tibara, PS Hindaun City, District Karauli (Driver) (Since deceased through his legal heirs: 1/1. Smt. Kamlesh Gurjar w/o. Late Shri Kadam Singh 1/2. Rajesh s/o Kadam Singh, 1/3. Rakesh s/o Kadam Singh All are residing at Mahwa road, tibara ghosla, karauli, hindaun city, district karauli (Rajasthan) 2. 3. Babusingh S/o Shri Bhagwat Singh, R/o Tibara, Police Station Hindaun City, District Karauli (Owner Of Vehicle.) The New India Insurance Company Ltd., Through Regional Manager, Regional Office Nehru Palace Tonk Road, Jaipur. ----Respondents For Appellant(s) : Mr. Rakesh Bhargava For Respondent(s) : Mr. Ram Singh Rathore HON'BLE MR. JUSTICE MANEESH SHARMA Order 02/05/2025 1. The present appeal has been filed by the claimant under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred as "the Act of 1988") for enhancement of compensation assailing the award dated 13.01.2006 passed by Judge, Motor Accident Claims Tribunal, Alwar (hereinafter to be referred as "MACT, Court") in MACT Case No.30/2003 titled as "Ramlal Vs. Rajesh & Ors.), whereby the claim petition filed by the claimant- appellant has been partly allowed. [2025:RJ-JP:18599] (2 of 4) [CMA-1922/2009] 2. Brief facts giving rise to the present appeal are that the appellant was the Conductor in a Matador bearing Registration No.RJ-34-G-0138 and the said Matador was being driven by the respondent No.1-Kadam Singh. The driver of the vehicle was driving at excessive speed, therefore, he lost control over the vehicle and the Matador went off the road and hit a tree. On account of that accident, the appellant sustained serious injury and his left leg was amputated. The learned Tribunal, while deciding the claim petition of the appellant, awarded a compensation of Rs.2,81,600/- in favour of the claimants under the impugned award. 3. It is contended by the learned counsel for the appellant that the awarded compensation is inadequate and requires to be enhanced in terms of the judgment passed by the Hon'ble Supreme Court in the matter of National Insurance Co. Ltd. Vs. Pranay Sethi reported in 2017 (16) SCC 680. 4. Per contra, learned counsel for the respondent No.3- Insurance Company supported the impugned award and submitted that the impugned award is based on a correct appreciation of facts and law, therefore, no interference is required by this Court. 5. Having considered the submissions made by learned counsel for the parties and perused the material available on record. 6. From the perusal of record, it is established that the injured was the Conductor in a Matador vehicle and due to the said accident, he sustained serious injuries and as per Exhibit-83, the injured has suffered a 60% permanent disability and his leg was amputated from below the knee. A bare perusal to the impugned order reveals that while assessing the loss of income, the learned [2025:RJ-JP:18599] (3 of 4) [CMA-1922/2009] Court below has not complied with the multiplier method and awarded a lump-sum amount of Rs.2,20,000/- towards loss of income. 7. That if we examine the facts of the case in the light of the judgment given by the Hon'ble Supreme Court in the matter of Pranay Sethi (supra), this Court finds the compensation awarded under the impugned order requires to be modified to some extent. Thus, while considering the age of injured to be 22 years and income of injured to be Rs.3,000/- per month at the time of accident and in light of the said judgment passed by the Hon'ble Supreme Court, the compensation amount claimed by the appellant is enhanced in terms of the table herein: Annual income Rs.3,000/-12x18x60%=3,88,000/- Future prospects (+) 40% Rs.1,55,520/- Medical Bill(+) Rs.21,600/- Admit in Hospital (18 days) Rs.18,000/- Food/Nourishment(+) Rs.25,000/- Pain & Suffering(+) Rs.1,00,000/- Total Rs.7,08,120/- Already Awarded Amount(-) Rs.2,81,600/- Enhanced amount of compensation Rs.4,26,520/- 8. Therefore, the present appeal is partly allowed and award passed by the learned MACT Court below is modified by enhancing to Rs. 7,08,120/- from the original amount of Rs.2,81,600/-. The Insurance Company is directed to deposit the enhanced amount of Rs.4,26,520/- before the learned concerned MACT Court within 60 days from the date of passing of this order. The claimant is also entitled to get interest on the enhanced amount Rs.4,26,520/- at [2025:RJ-JP:18599] (4 of 4) [CMA-1922/2009] the rate of 5% per annum from the date of 01.02.2003 until the realization of the said amount. 9. Accordingly, the appeal is partly allowed. The compensation awarded by the learned Tribunal is modified and enhanced as per the terms indicated above. 10. All pending application(s), if any, stands disposed of. (MANEESH SHARMA),J Seema/110