[2025:RJ-JP:18205] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 680/2009 1. Smt. Prem Devi, Widow Of Girraj, R/o Rahuvas, Dhani Sheonarain Ki New Kothi, Tehsil Lalsot, District Dausa Raj 2. Mahendra S/o Late Girraj, R/o Rahuvas, Dhani Sheonarain Ki New Kothi, Tehsil Lalsot, District Dausa Raj 3. Rinku S/o Late Girraj, R/o Rahuvas, Dhani Sheonarain Ki New Kothi, Tehsil Lalsot, District Dausa Raj 4. Kum. Seema D/o Late Girraj, S.no. 2 To 4 Minors, Through Their Mother And Natural Gu, R/o Rahuvas, Dhani Sheonarain Ki New Kothi, Tehsil Lalsot, District Dausa Raj 5. Smt. Ram Kuri, Widow Of Hariya, R/o Rahuvas, Dhani Sheonarain Ki New Kothi, Tehsil Lalsot, District Dausa Raj 6. Heera Lal, S/o Late Hariya, R/o Rahuvas, Dhani Sheonarain Ki New Kothi, Tehsil Lalsot, District Dausa Raj ----Claimants-Appellants Versus 1. Brij Mohan S/o Ram Phool Meena, R/o Bhawarki, Tehsil Bamanvas, District Sawaimadhopur Raj. Driver Tractor No. Rj-25-R-5027 2. Ramji Lal, S/o Phoolya Meena, R/o Model Gaon, Tehsil Bamanvas, District Sawaimadhopur Raj. Owner Tractor No. Rj-25-R-5027 3. United India Insurance Company Ltd., Branch At Agra Road, Dausa Through Branch Manager. ----Non-claimants-Respondents For Appellant(s) : Mr. Ashish Kumar Sharma For Respondent(s) : Mr. Mudit Singhvi on behalf of Mr. Ashok Mehta HON'BLE MR. JUSTICE MANEESH SHARMA Order 30/04/2025 [2025:RJ-JP:18205] (2 of 4) [CMA-680/2009] 1. The present appeal has been filed by the claimants 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 05.09.2006 passed by Judge, Motor Accident Claims Tribunal, Dausa (hereinafter to be referred as "MACT, Court") in claim case No.129/2005 (206/2003) titled as "Smt. Prem Devi & Ors. Vs. Brij Mohan & Ors.), whereby the claim petition filed by the claimants-appellants has been partly allowed. 2. Brief facts giving rise to the present appeal are that on account of death of Girraj in a road accident dated 28.03.2003, the present claim petition was filed by the legal representatives of the deceased. The learned Tribunal, while deciding the claim petition No.129/2005, awarded a compensation of Rs.4,64,000/- 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 respondents supported the impugned award and submitted that the claimant No.6-Heera Lal, who is the brother of the deceased, cannot be said to be dependent upon the deceased. 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 evident that while determining the compensation on account of the death of the deceased Girraj, the learned Court below, while assessing the [2025:RJ-JP:18205] (3 of 4) [CMA-680/2009] income of the deceased as Rs.3,000/- per month and applying the multiplier of 18, awarded a compensation of Rs.4,64,000/- in this case. There is no dispute about the age and the income of the deceased, the only request made by learned counsel for the appellants is that the present compensation amount should be enhanced in terms of the judgment passed by the Hon'ble Supreme Court in the matter of Pranay Sethi (supra). The said argument of the learned counsel for the appellants appears to be justified. Therefore, in the light of the judgment passed by the Hon'ble Supreme Court, the claim is enhanced in terms of the table herein: Annual income Rs.3000/-x12x17=6,12,000/- Future prospects (+) 40% Rs.8,56,800/- Less:1/4 deduction (Personal Expenses-5 dependents) Rs.8,56,800/-/4= Rs.2,14,200/- Rs.8,56,800/--Rs.2,14,200/- =6,42,600/- Consortium (Rs.40,000/-x5) Rs.2,00,000/- Loss of estate(+) Rs.15,000/- Funeral Expenses(+) Rs.15,000/- Total Rs.8,72,600/- Already Awarded Amount(-) Rs.4,64,000/- Enhanced amount of compensation Rs.4,08,600/- 6. Therefore, the present appeal is partly allowed and award passed by the learned MACT Court below is modified by enhancing to Rs.8,72,600 /- from the original amount of Rs.4,64,000/-. The Insurance Company is directed to deposit the enhanced amount of Rs.4,08,600/- before the learned concerned MACT Court within 60 [2025:RJ-JP:18205] (4 of 4) [CMA-680/2009] days from the date of passing of this order. The claimants are also entitled to get interest on the enhanced amount Rs.4,08,600/- at the rate of 5% per annum from the date of filing of the claim petition until the realization of the said amount. 7. Accordingly, the appeal is partly allowed. The compensation awarded by the learned Tribunal is modified and enhanced as per the terms indicated above. 8. All pending application(s), if any, stands disposed of. (MANEESH SHARMA),J Seema/63