[2025:RJ-JD:5392] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2837/2016 1. Smt. Santosh Devi W/o Late Diyaram @ Deeparam, aged about 29 years, R/o Village Lodiya Ki Dhani, Pundlota, Tehsil Degana, District- Nagaur 2. Vijay Sardiya @ Vijay Raj S/o Late Diyaram @ Deeparam, aged about 09 years R/o Village Lodiya Ki Dhani, Pundlota, Tehsil Degana, District- Nagaur 3. Rajveer @ Rajveer Serdiya S/o Late Diyaram @ Deeparam, aged about 07 years R/o Village Lodiya Ki Dhani, Pundlota, Tehsil Degana, District- Nagaur 4. Smt. Gekha Devi @ Gekhli W/o Ramaram @ Ramuram, aged about 66 years R/o Village Lodiya Ki Dhani, Pundlota, Tehsil Degana, District- Nagaur 5. Ramaram @ Ramuram S/o Late Sujaram, aged about 77 years R/o Village Lodiya Ki Dhani, Pundlota, Tehsil Degana, District- Nagaur ----Appellants/claimants Versus 1. Rajesh Kumar @ Raju Berwa S/o Bhanwar Lal, R/o Near By Bus Stand, Fulera District- Jaipur, Presently Resident Of Madanganj Kishanganj, District- Ajmer (Driver of Mini Truck No.RJ-21-GA-4174) 2. Jogiram S/o Suganchand, R/o Jaghadwas, Tehsil Degana, District- Nagaur. (Regd. Owner of Mini Truck No.RJ-21-GA-4174) 3. Cholamandalam M.s. General Insurance Company Ldt. Through Branch Office, Plot No. 18, K.p. Tower, Near Bombe Motor Circle, Upper Chopasani Road, District- Jodhpur. (Insurance co. of Mini Truck No.RJ-21-GA-4174) ----Respondents Connected With S.B. Civil Misc. Appeal No. 2774/2016 Chollamandalam M.s. General Insurance Co. Ltd., Through Branch Manager, Branch Office Plot. No. 18, K.p. Tower, Near By Bombay Motor Circle, Upar Chopasani Road, Jodhpur, District- Jodhpur. ----Appellant Versus 1. Smt. Santosh Devi W/o Late Diya Ram @ Deeparam, age 30 years, R/o Post Lodiya Ki Dhani, Pundlotha, Tehsil- Degana And District- Nagore. 2. Vijay Sherdiya @ Vijayraj S/o Late Diya Ram @ Deeparam, age 10 years, R/o Post Lodiya Ki Dhani, Pundlotha, Tehsil- Degana And District- Nagore. [2025:RJ-JD:5392] (2 of 6) [CMA-2837/2016] 3. Rajvir @ Rajveer Sherdiya S/o Late Diya Ram @ Deeparam, age 8 years, (Minor claimants from s.no.2 to3, through his natural guardian, mother Smt. Santosh Devi) [Claimant No.1] R/o Post Lodiya Ki Dhani, Pundlotha, Tehsil- Degana And District- Nagore. 4. Smt. Gaykha Devi @ Gaykhali W/o Ramaram @ Ramuram, age 67 years, R/o Post Lodiya Ki Dhani, Pundlotha, Tehsil- Degana And District- Nagore. 5. Ramaram @ Ramuram S/o Late Sujaram, age 76 years, R/o Post Lodiya Ki Dhani, Pundlotha, Tehsil- Degana And District- Nagore. ……….Claimants 6. Rajesh Kumar @ Raju Berwa S/o Shri Bhanwarlal, R/o Near By Bus Stand, Phuleram District- Jaipur Now Madanganj Kishanganj, District- Ajmer (Driver Of Mini Truck No. Rj-19-Ga-4174) 7. Jogiram S/o Suganchand, R/o Zagadwas, Tehsil- Degana, District- Nagore. (Registered Owner Of Mini Truck No. Rj-19-Ga-4174) ………Non-Claimant ----Respondents For Appellant(s) : Mr. NS Khileri for Claimants For Respondent(s) : Mr. Aditya Singhi for Insurance Company HON'BLE DR. JUSTICE NUPUR BHATI Order 28/01/2025 1. The SBCMA No.2837/2016 has been filed by the appellants- claimants under Section 173 of the Motor Vehicles Act, 1988 (‘Act of 1988’) against the judgment and award dated 17.08.2016, passed by the learned Judge, Motor Acccident Claims Tribunal, Merta (‘Tribunal’) in MAC Case No. 17/2015, whereby the learned Tribunal has awarded Rs.12,72,865/- as compensation to the appellants/claimants, while holding the respondents jointly and severally liable. And the SBCMA No.2774/2016 has been filed by the insurance company challenging the judgment and award dated [2025:RJ-JD:5392] (3 of 6) [CMA-2837/2016] 17.08.2016. Since both these misc. appeals arise out of the common judgment and award dated 17.08.2016 (‘impugned award’), therefore, the same are being decided together by this common order and the facts of the appeal bearing SBCMA No.2837/2016 are being taken for the sake of convenience. 2. Briefly stated, the facts of the case are that on 28.11.2014 at around 6.00 PM, deceased Diyaram alias Deeparam was coming to his home from Degana Railway Station on the motorcycle bearing registration No.RJ-21SF-3547, and near village Jawa Sisodiya, the respondent No.1 came with his mini truck bearing registration No.RJ21-GA-4174 in a rash and negligent manner and hit the motorcycle of the deceased-Diyaram. Subsequently, the claim petition bearing number MAC No.17/2015 was filed before the learned Tribunal seeking compensation on account of death of deceased-Diyaram. The respondents Nos.1 and 2 failed to file reply to the claim petition. The respondent No.3/insurance company filed its reply to the claim petition and denied the averments made in the claim petition. 3. The appellants-claimants examined two witnesses (AW-1 & 2) and produced documentary evidences (Ex. P1 to P19). The respondent no.3/insurance company examined NAW-1 and produced documentary evidences (Ex. NA-1 to NA-9). 4. After hearing the parties, the learned tribunal partly allowed the claim petition and awarded compensation of Rs.12,72,865/- to the appellants/claimants along with interest @8% p.a. while holding respondents jointly and severally liable for the payment of the said compensation. [2025:RJ-JD:5392] (4 of 6) [CMA-2837/2016] 5. Aggrieved of the impugned award passed by the learned tribunal instant appeals have been preferred. 6. Learned counsel for the appellants/claimants submits that the learned tribunal has erred in awarding meagre amount under the head of loss of consortium (Rs.5,000/- each) to appellant Nos.2 to 5 who are the children of the deceased. He also submits that the learned tribunal has not awarded any amount under the head of loss of estate. 7. Per contra, learned counsel for the respondent no.3/insurance company makes a limited submission with respect to quantum of compenstion. He submits that learned tribunal has erred in awarding future prospects @50% and the same ought to be 40% as per the ratio of the apex court in National Insurance Co. Ltd. v. Pranay Sethi[(2017) 16 SCC 680]. He also submits that the amount awarded under the head of funeral expenses is on the higher side. 8. Heard the counsel and perused the material available on record. 9. This court finds that learned tribunal has awarded Rs.5000/- each to appellant Nos.2 to 5 and Rs. 1,00,000/- to appellant no.1 under the head of loss of consortium. This court deems it appropriate to modify the amount under the head of loss of consortium to Rs.48,400/- each to appellant Nos.1 to 5 in the light of the judgment of the Hon’ble Supreme Court in Pranay Sethi(supra). 10. Also, the learned tribunal has not awarded any amount under the head of loss of estate. Thus, this court finds it appropriate to award Rs.18,150/- towards the head of loss of estate in the light [2025:RJ-JD:5392] (5 of 6) [CMA-2837/2016] of Pranay Sethi(supra). This court also finds that the learned tribunal has awarded Rs.25,000/- towards the head of funeral expenses however, the same deserves to be modified to Rs.18,150/- in the light of Pranay Sethi(supra). Further, this court finds that learned tribunal has wrongly awarded future prospects @50% and the same deserves to be modified to @40% in the light of Pranay Sethi(supra) as the deceased (aged 28 years) did not have a permanent job. 11. Thus, in view of the above, the amount awardable to the appellants/claimants is as under:- Particulars Awarded by the Tribunal Awarded by the Court Loss of Income [A] Income of the deceased Rs. 4,914/- per month Rs. 4,914/- Adding 40% future prospects (i.e. 40% of 58,968/- p.a.) Rs. 7,371/- per month (50% future prospects added) 40% of (4,914/- x 12) = 40% of 58,968/- => 58,968/- + 23,587.20 = Rs. 82,555.20/- p.a Deducting ¼ towards personal expenses (i.e. 82,555.20 – ¼ of 82,555.20) Rs. 5528.25/- per month Rs. 61,916.40/- p.a. Applying a multiplier of 17, (61,916.40 x 17) [A] Rs. 11,27,865/- p.a. Rs. 10,52,578.80/- p.a. Non-Pecuniary Heads Consortium (48,400 x 5) [B] Rs.1,00,000/- (to wife) + Rs. 20,000/- (Rs. 5,000/- each granted to children and parents) Rs. 2,42,000/- Loss of Estates [C] Not awarded Rs. 18,150/- Funeral Expenses [D] Rs. 25,000/- Rs. 18,150/- Total [A+B+C+D] Rs. 12,72,865/- [E] Rs. 13,30,878.80/- [F] Enhanced amount [F-E] [13,30,878.80 – 12,72,865] Rs. 58,013.80/- 12. Thus, in view of the above, the appeal - SBCMA no.2837/2016 is partly allowed and the appeal - SBCMA no.2774/2016 is disposed off in terms of this order. The impugned award passed by the learned tribunal is modified accordingly. [2025:RJ-JD:5392] (6 of 6) [CMA-2837/2016] 13. The appellants/claimants are held entitled to get enhanced compensation of Rs.58,013.80/- along with interest @8% p.a. (same as awarded by the learned tribunal) from the date of filing of the claim petition in the same manner as directed by the learned tribunal. 14. The amount of compensation, if any disbursed to the appellants/claimants, shall be adjusted accordingly. (DR. NUPUR BHATI),J 590-591-Ajay/-