[2025:RJ-JP:21450] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 19/2023 1. Smt. Katuli W/o Late Kailash Jogi, Aged About 54 Years, R/o Sounkhar District Alwar(Raj.). 2. Rakesh S/o Late Kailash Jogi, Aged About 31 Years, R/o Sounkhar District Alwar(Raj.). 3. Sunita Kumari D/o Late Kailash Jogi, Aged About 23 Years, R/o Sounkhar District Alwar(Raj.). 4. Surendra S/o Late Kailash Jogi, Aged About 20 Years, R/o Sounkhar District Alwar(Raj.). ----Plaintiffs-Appellants Versus 1. Jaipur Vidhyut Vitran Nigam Limited, Through Manager And Director Jyoti Nagar, Jaipur Distt Jaipur. 2. Jaipur Vidhyut Vitran Nigam Limited, Through Junior Engineer, Ganj Khedli, Distt. Alwar. ----Defendants-Respondents For Appellant(s) : Mr. Pankaj Sharma, Advocate For Respondent(s) : Ms. Neelam Sharma, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 21/05/2025 : The present first appeal under Section 96 of the Code of Civil Procedure, 1908 has been preferred on behalf of the appellants- plaintiffs (for short ‘the appellants’) against the impugned judgment & decree dt.21.04.2022 passed by the Court of ld. Additional District Judge, No.1, Jaipur District Jaipur, in Civil Suit No.78/2019 (70/2018) whereby the ld. Trial Court, while partly allowing the claim petition, had awarded a sum of Rs.7,65,904/- alongwith interest @ 6% per annum as compensation from the date of filing of the suit i.e. 26.10.2018 in favour of the appellants. In the present case, only submission of the ld. counsel appearing for the appellants is that the ld. Trial Court has committed a [2025:RJ-JP:21450] (2 of 3) [CFA-19/2023] grave error of law, while awarding inadequate compensation under the head of ‘loss of consortium’, whereas as per judgments of the Hon’ble Apex Court, it should be Rs.40,000/- for each claimant, and, hence, the impugned judgment & decree of the ld. Trial Court may be modified & the award amount be enhanced suitably. In support of his submissions, learned counsel appearing for the 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, in Magma General Insurance Company Limited Vs. Nanuram & Others, (2018) 18 SCC 130 and in 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 & 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 the respondents- defendants has opposed the submissions made herein-above & prayed for dismissal of the present appeal. Heard learned counsel for the parties, considered the submissions made at bar, gone through the judgment & decree passed by ld. Trial Court & perused the judgments cited herein above. As per the judgments of Pranay Sethi (supra) & Sarla Verma (Supra), the ld. Trial Court had already awarded Rs.6,95,904/- towards ‘loss of income’, Rs.15,000/-, Rs.40,000/- & Rs.15,000/- towards ‘loss of estate, ‘loss of consortium’, & ‘funeral expenses’ respectively. [2025:RJ-JP:21450] (3 of 3) [CFA-19/2023] In view of the judgment of the Hon’ble Apex Court in the case of Pranay Sethi (supra), the appellants are entitled to get Rs.1,60,000/- (40,000x4) each claimant towards ‘loss of consortium’. On the basis of the aforesaid facts & analysis, this Court is of the opinion that the just compensation to be awarded to the appellants under the aforesaid heads ought to have been as under:- 1. Loss of Income =Rs.6,95,904/- 3. Loss of consortium =Rs.1,60,000/-(Rs.40,000x4) 4. Loss of Estate =Rs.15,000/- 5. Funeral Expenses =Rs.15,000/- Total Rs.8,85,904/- In view of the aforesaid facts & circumstances of the case, the impugned award dt.21.04.2022 is liable to be modified as above and both the appellants are entitled to be awarded compensation to the tune of Rs.8,85,904/- instead of Rs.7,65,904/- alongwith interest 6% per annum from the date of filing of claim petition as per the terms of ld. trial Court. The compensation amount received by the appellants-in pursuant to the award dt.21.04.2022 passed by ld. Trial Court shall be adjusted in the present judgment & award and the 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