[2025:RJ-JP:26739] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5074/2018 1. Mamta W/o Sh. Devraj, Aged About 20 Years, R/o Village Hayatpura Panchayat Arniyakedar Tehsil And District Tonk (Raj) 2. Motiya W/o Shri Bhairu Lal, Aged About 54 Years, R/o Village Hayatpura Panchayat Arniyakedar Tehsil And District Tonk (Raj) 3. Bhairu Lal S/o Shri Lalaram, Aged About 58 Years, R/o Village Hayatpura Panchayat Arniyakedar Tehsil And District Tonk (Raj) ----Claimants/Appellants Versus 1. Riyazudeen S/o Shri Badrudeen, B/c Muslim R/o Bambor Gate Police Station Purani Tonk Police Station Purani Tonk District Tonk (Raj) 2. Balaram S/o Shreelal, B/c Gurjar R/o Dardaturki Police Station Baroni District Tonk (Raj) 3. The New India Insurance Company Limited, Branch Office At Dharma Height 10 Motilal Atal Road M.i. Road Jaipur (Raj) ----Respondents For Appellant(s) : Mr. R.B. Sharma Ganthola For Respondent(s) : Mr. Amar Nath Pareek HON'BLE MR. JUSTICE GANESH RAM MEENA Order 17/07/2025 1. This appeal is preferred by the appellant/claimant seeking enhancement of the compensation amount which has been awarded by the Motor Accident Claims Tribunal, Tonk (for short, 'the Tribunal') vide judgment and award dated 21.05.2018 in claim case No. 592/2015, filed under Section 166 of the Motor Vehicles Act, 1988, whereby the Tribunal has allowed compensation to the [2025:RJ-JP:26739] (2 of 3) [CMA-5074/2018] claimant appellant to the tune of Rs.12,29,822/- including compensation to the tune of Rs.40,000/- under the head of loss of consortium. 2. Brief facts of the case are that a claim petition was filed before the Tribunal by the claimants with the averments that on 29.11.2014 the deceased-Devraj alongwith one Shyoji was coming from village Dardaturki to his village Hayatpura by motorcycle, and at about 5:00 PM when they reached near Handigaon, a Bolero car bearing registration No. RJ14-UB-8841 which was being driven in rash and negligent manner by its driver, hit Devraj, due to which he was seriously injured and during treatment he died on 26.05.2015. The non-claimants filed reply to the claim petition. On the basis of the pleadings of the parties, the learned Tribunal framed as many as four issues. AW.1- Mamta, AW.2- Shyojiram and AW.3- Ramlal Gurjar were got examined from the claimants side and certain documents were also got exhibited. No evidence was adduced from the non- claimants side. The learned Tribunal, vide its judgment and award dated 21.05.2018 allowed compensation to the claimants to the tune of Rs.12,29,822/- with interest at the rate of 7.5% p.a. w.e.f. date of filing of the claim petition. 3. Learned counsel appearing for the claimants submits that the learned Tribunal has allowed compensation to the tune of Rs.40,000/- only under the head of consortium, whereas, there are 3 claimants who are the dependents on the deceased and all the three were entitled for compensation to the tune of Rs.40,000/- each under the head of consortium in view of the observations of Hon'ble Apex Court in the case of Magma [2025:RJ-JP:26739] (3 of 3) [CMA-5074/2018] General Insurance Co. Ltd. Vs. Nanu Ram Alias Chuhru Ram & Ors.; 1(2017) 16 SCC 680. 4. Learned counsel appearing for the respondent insurance company is fair enough and admitted the legal position as regards the compensation under the head of consortium. On instructions, he further submits that it would be fair to enhance the total compensation by an additional amount of Rs.80,000/- under the head of consortium. 5. Learned counsel appearing for the claimants-appellants agrees to the proposal made by counsel for the respondent- insurance company. 6. Hence, in view of the proposal made by counsel for the respondent-insurance company and agreement of the counsel for the claimants-appellants as stated above, the present appeal is partly allowed. The judgment and award dated 21.05.2018, passed by the Tribunal in claim case No. 592/2015, is modified as under:- "The total compensation amount as awarded by the Tribunal vide judgment and award dated 21.05.2018 is enhanced with an additional amount of Rs.80,000/-. The interest on the enhanced amount shall be the same as given in the original award. The respondent-insurance company shall deposit the enhanced amount with interest within a period four weeks from today with the Tribunal, which may be disbursed to the claimants." (GANESH RAM MEENA),J Gaurav Srivastava /60