[2025:RJ-JP:20233] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3715/2006 1. Smt. Shimla Devi W/o Late Shri Bhag Chand, R/o Salehadipura, Post Ramjipura Via Rainwal Tehsil Phulera, District Jaipur Raj. 2. Mukesh S/o Late Shri Bhag Chand, R/o Salehadipura, Post Ramjipura Via Rainwal Tehsil Phulera, District Jaipur Raj. 3. Manoj S/o Late Shri Bhag Chand, R/o Salehadipura, Post Ramjipura Via Rainwal Tehsil Phulera, District Jaipur Raj. 4. Ghanshyam S/o Late Shri Bhag Chand, R/o Salehadipura, Post Ramjipura Via Rainwal Tehsil Phulera, District Jaipur Raj. 5. Kum. Kiran D/o Late Shri Bhag Chand, R/o Salehadipura, Post Ramjipura Via Rainwal Tehsil Phulera, District Jaipur Raj. ----Appellants Versus 1. Suva Lal S/o Shri Manna Ram, R/o Kajipura, P.s. Phulera, District Jaipur Raj. 2. The United India Insurance Company Limited, Regional Office, Vishal Chamber, Tonk Road, Jaipur Through Regional Manager ----Respondents For Appellant(s) : Mr. Sandeep Mathur For Respondent(s) : Mr. Raj Pal Chaudhary HON'BLE MR. JUSTICE MANEESH SHARMA Order 09/05/2025 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 04.05.2006 passed by Judge, Motor Accident Claims Tribunal, Sambhar Lake, District Jaipur (hereinafter to be referred as "MACT, Court") in MAC Case No.104/2001 titled as "Smt. Shimla Devi & Ors. Vs. Suva Lal & [2025:RJ-JP:20233] (2 of 4) [CMA-3715/2006] Anr.), whereby the claim petition filed by the claimants-appellants has been partly allowed. 2. Brief facts giving rise to the present appeal are that Bhag Chand was travelling in a Jeep Bearing Registration No.RJ-14-C- 7093. When this Jeep reached near Itawa Teja Ka Was, another Jeep Bearing Registration No.RJ-14-2-C-7579, being driven rashly and negligently at excessive speed came from opposite direction, therefore, the driver lost control over the vehicle and the Jeep went off the road and hit the Jeep in which Bhag Chand was sitting. On account of that accident, the deceased sustained serious injury and later died. The learned Tribunal, while deciding the claim petition of the appellants, awarded a compensation of Rs.5,32,000/- in favour of the claimants on account of death of Bhag Chand, under the impugned award. 3. It is contended by the learned counsel for the appellants 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.2- 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. Heard and considered the submissions made by learned counsel for the parties as also perused the material available on record. 6. From the perusal of record, it is established that the deceased was a registered contractor with PHED and was earning [2025:RJ-JP:20233] (3 of 4) [CMA-3715/2006] a sum of Rs.5,000/- per month. Further, at the time of accident, the age of the deceased was 50 years. The learned MACT awarded a compensation of Rs.5,32,000/-. 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 that the compensation awarded under the impugned order requires to be modified to some extent. 8. Thus, while considering the age of deceased to be 50 years and the income of the deceased to be Rs.5,000/- per month at the time of accident and in light of judgment passed by the Hon'ble Supreme Court in the matter of Pranay Sethi (supra), the compensation amount claimed by the appellants is required to be enhanced in terms of the table herein below: Loss of Income Rs.5,000/-x12x13=Rs.7,80,000/- Future prospects (+) 25% Rs.1,95,000/- 1/4 deduction (Personal Expenses) Rs.7,31,250/- Loss of Consortium (5x40,000/-)(+) Rs.2,00,000/- Loss of Estate(+) Rs.15,000/- Funeral Expenses(+) Rs.15,000/- Total Rs.9,61,250/- Already Awarded Amount(-) Rs.5,32,000/- Enhanced amount of compensation Rs.4,29,250/- 9. Therefore, the present appeal is partly allowed and award passed by the learned MACT is modified by enhancing to Rs.9,61,250/- from the original amount of Rs.5,32,000/-. The Insurance Company is directed to deposit the enhanced amount of [2025:RJ-JP:20233] (4 of 4) [CMA-3715/2006] Rs.4,29,250/- before the learned concerned MACT within 60 days from the date of passing of this order. The claimants are also entitled to get interest on the enhanced amount Rs.4,29,250/- at the rate of 6% per annum from the date of 13.11.2001 until the realization of the said amount. 10. Accordingly, the appeal is partly allowed. The compensation awarded by the learned Tribunal is modified and enhanced as per the terms indicated above. 11. All pending application(s), if any, stands disposed of. (MANEESH SHARMA),J Deepa/9 Whether Reportable : Yes/No