[2025:RJ-JP:19150] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4812/2009 Smt. Lada Devi W/o Late Shri Gopal Lal, R/o Balapura, Teh. Mojamabad Dudu, District Jaipur ----Appellant-Claimant Versus 1. Kamal Kumar Saini S/o Jashkaran, R/o Khudiyala, Teh. Mojamabad Dudu District Jaipur Driver Jeep No. Rj-10-C- 1673 2. Kailash Chand Saharan S/o Surajkaran, R/o Khudiyala, Teh. Mojamabad Dudu District Jaipur Owner Of Jeep No. Rj-10-C-1673 3. Sitaram Gurjar S/o Birbal, R/o Dhani Kasana Nimli, Teh. Baswa, District Dausa Insurance Holder Jeep No. Rj-10C- 1673 4. National Insurance Company Ltd. Through Branch Manager, Regional Office Jeevan Nidhi, LIC Building, Ambedkar Circle, Jaipur, Branch Office 3Rd, 5-Batti, M.i. Road, Jaipur ----Non-claimants-Respondents For Appellant(s) : Mr. Deepak Soni on behalf of Mr. Vijay Singh Shekhawat For Respondent(s) : Mr. Tripurari Sharma, Mr. Mahaveer Singh with Mr. Dharmendra Choudhary HON'BLE MR. JUSTICE MANEESH SHARMA Order 06/05/2025 1. The present appeal has been filed by the claimant under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred to as "the Act of 1988") for enhancement of compensation assailing the award dated 15.05.2009 passed by Judge, Motor Accident Claims Tribunal, Sambhar Lake, District [2025:RJ-JP:19150] (2 of 4) [CMA-4812/2009] Jaipur (hereinafter to be referred to as "MACT, Court") in Claim Case No.111/20038 titled as "Smt. Lada Devi Vs. Kamal Kumar Saini & Ors.", whereby the claim petition filed by the claimant- appellant has been partly allowed. 2. Brief facts giving rise to the present appeal are that at the time of accident, on 29.04.2008, the appellant-Smt.Lada Devi and her daughter Sampati were going for medical check up along with husband-Bholuram on the motorcycle. A Jeep bearing No.RJ-10-C- 1673 near Sewa, coming from the opposite side at 05:00PM, driven rashly and negligently by respondent No.1, collided with the motorcycle. The appellant-Smt. Lada Devi and her daughter- Sampati, suffered grievous injuries. At the time of the accident, the appellant was 42 years old and suffered serious injuries. The learned Tribunal, while deciding the claim petition of the appellant, awarded a compensation of Rs.48,000/- in favour of the claimant 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.4- 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. [2025:RJ-JP:19150] (3 of 4) [CMA-4812/2009] 6. From the perusal of record, it is established that the appellant sustained grievous injuries and has suffered a 10% permanent disability. A bare perusal to the impugned order reveals that while assessing the loss of income, the learned Court below has not complied with the multiplier method and awarded a lump-sum amount of Rs.48,000/- 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 42 years and income of injured to be Rs.3,000/- per month (as per Minimum Wages Act, Rs.100/- per day) 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/- x12x14x10%=Rs.50,400/- Future prospects 25%(+) Rs.63,000/- Medical Bill(+) Rs.9,810/- Hospital Charges (8xRs.500/- days) Rs.4,000/- Total Rs.76,810/- Already Awarded Amount(-) Rs.48,000/- Enhanced amount of compensation Rs.28,810/- 8. Therefore, the present appeal is partly allowed and award passed by the learned MACT Court below is modified by enhancing to Rs.76,810/- from the original amount of Rs.48,000/-. The [2025:RJ-JP:19150] (4 of 4) [CMA-4812/2009] Insurance Company is directed to deposit the enhanced amount of Rs.28,810/- 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.28,810/- at the rate of 6% per annum in terms of the award, 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/46