[2025:RJ-JP:26404] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3909/2011 1. Sukhi Devi W/o Tuchla Ram, R/o Molasar, Tehsil Deedwana, District Nagaur, At Present Village Of Choti Losal, Tehsil And District Sikar 2. Rajesh S/o Tuchla Ram, R/o Molasar, Tehsil Deedwana, District Nagaur, At Present Village Of Choti Losal, Tehsil And District Sikar 3. Santara @ Sunita D/o Tuchla Ram, Appellants No. 2 And 3 Are Minor Through Their Mother, R/o Molasar, Tehsil Deedwana, District Nagaur, At Present Village Of Choti Losal, Tehsil And District Sikar 4. Hanmani Devi W/o Ladu Ram, R/o Molasar, Tehsil Deedwana, District Nagaur, At Present Village Of Choti Losal, Tehsil And District Sikar ----Claimants/Appellants Versus 1. Ajeet Singh S/o Simarth Singh, R/o Ranwa, Tehsil Nawa, District Nagaur (Driver) 2. Rajasthan State Roadways Transport Corporation, Depot Deedwana, District Nagaur, Through Its Depot Manager (Owner) 3. Rajasthan State Roadways Transport Corporation, Depot Sikar, District Sikar, Through Its Depot Manager (Owner) ----Non-claimants/Respondents For Appellant(s) : Mr. Vinay Mathur For Respondent(s) : Mr. Rajpal Dhankar HON'BLE MR. JUSTICE MANEESH SHARMA Order 15/07/2025 1. The present appeal has been preferred by the claimants/appellants under Section 173 of the Motor Vehicles Act, 1988, assailing the impugned award dated 27.04.2011 passed by learned Judge, Motor Accident Claims Tribunal, Sikar (hereinafter referred to as "the learned MACT/Tribunal"), in MAC Case No.440/2008 titled as "Sukhi Devi & Ors. Vs. Ajeet Singh & Ors.", [2025:RJ-JP:26404] (2 of 6) [CMA-3909/2011] whereby the learned Tribunal partly allowed the claim petition filed by the claimants/appellants and awarded a sum of Rs.6,09,700/- along with interest @ 8% per annum, as compensation in favour of the claimants/appellants. 2. Brief facts giving rise to the present appeal are that on 06.09.2008, the deceased Tulcha Ram was travelling in a Tempo, bearing registration No.RJ-37-GA-0395, when the Tempo, in which the deceased Tulcha Ram was travelling, reached near village Chapri on Molasar-Deedwana Mega Highway, one Bus, bearing registration No.RJ-21-P-0212, being driven by the driver respondent No.1-Ajeet Singh, with excessive speed and in a rash and negligent manner, came from the opposite direction and hit the Tempo. Due to the said accident, the deceased Tulcha Ram sustained serious injuries and later succumbed to the injuies during the course of treatment. 3. It was pleaded by the complainant that at the time of the accident, the deceased Tulcha Ram was 35 years of age and was working as a Transporter and had an agriculture land, earning around Rs.20,000/- per month. Therefore, the claimants/appellants filed the claim petition, praying for awarding just compensation. 4. The notice of the claim petition was served upon the non- claimants/respondents. Non-claimant/respondent No.1 filed its reply, denying the averments made by the claimants/appellants in the claim petition and contended that he was driving the roadways Bus at a normal speed, following traffic norms and rules. He submitted that the accident occurred due to the negligence of the [2025:RJ-JP:26404] (3 of 6) [CMA-3909/2011] Tempo driver, and the deceased Tulcha Ram himself, and therefore, prayed for the dismissal of the claim petition. 5. The non-claimants/respondents No.2 and No.3-Rajasthan State Roadways Transport Corporation (owners of the Bus), filed a reply to the claim petition. The Rajasthan State Roadways Transport Corporation denied the averments made by the claimants/appellants in the claim petition, submitting that there was no negligence on the part of the Bus driver and that the accident occurred due to the negligence of the Tempo driver Tulcha Ram himself. They further submitted that the owner or the Insurance Company of the Tempo was not impleaded as a party, and therefore, the claim petition should be dismissed for want of non-joinder of necessary parties. 6. On the basis of the pleadings of the parties, the learned Tribunal framed five issues. 7. In order to substantiate the averments made in the claim petition, the claimants/appellants examined witnesses Smt. Sukhi Devi (AW-1), and Bega Ram (AW-2) and produced relevant documents (Ex-1 to Ex-17), which included the written report (Ex- 1), FIR (Ex-2), Post-mortem Report (Ex-3), Charge-sheet (Ex-4), Driving License (Ex-5), RC Bus (Ex-6), MTO Report (Ex-7), Notice & Reply under Section 133 of the Motor Vehicles Act (Ex-8), Site inspection report (Ex-9), Site Map (Ex-10), Insurance Policy Cover Note (Ex-11), RC Tempo (Ex-12), Jamabandi (Ex-13 to Ex-16) and Electricity Bill (Ex-17) were produced. 8. In rebuttal, non-claimants/respondents has examined Gajendra Singh (NAW-1) and Ajeet Singh (NAW-2) and exhibited relevant documents, which included as from Ex-NA-1A, NA-2A, [2025:RJ-JP:26404] (4 of 6) [CMA-3909/2011] and CD (Ex-NA.1). Photograph of the site where the accident occurred. 9. After hearing arguments from both the parties, the learned Tribunal, while deciding Issues No.1 to 4 in favour of the claimants/appellants and while considering the age of deceased Tulcha Ram to be 35 years and the income of the deceased to be Rs.155/- per day, awarded a sum of Rs.6,09,700/- along with interest. 10. Aggrieved by this award, the present appeal has been preferred by the claimants/appellants. 11. The learned counsel for the claimants/appellants submits that the learned Tribunal erred in awarding an inadequate amount. He further submits that the learned Tribunal erred in making a deduction of 1/3rd amount towards personal expenses whereas, considering the number of claimants/appellants, the deduction ought to have been 1/4th instead of 1/3rd. He further submits that the learned Tribunal has not considered the future prospects. Therefore, he prayed for enhancement of the compensation. 12. Per contra, Mr. Rajpal Dhankar, learned counsel for the respondents Nos.2 and 3-Rajasthan State Roadways Transport Corporation, supported the impugned award and vehemently opposed the arguments advanced by the learned counsel for the claimants/appellant, submitting that the learned Tribunal has rightly considered the pleadings and evidence of the parties in detail and, after due examination of the same, has awarded a just compensation, and therefore, no interference is required by this Court and the appeal may be dismissed. [2025:RJ-JP:26404] (5 of 6) [CMA-3909/2011] 13. Heard and considered the submissions made by learned counsel for both the parties and perused the material available on record. 14. From a bare perusal of the record, it is reflected that the learned Tribunal has considered the age of the deceased Tulcha Ram to be 35 years and the income of the deceased to be Rs.155/- per day. However, while making necessary deduction, the learned Tribunal deducted 1/3rd share whereas looking to the number of claimants/appellants, the deduction ought to have been 1/4th. 15. From a bare perusal of the impugned award, it is also reflected that the learned Tribunal has not considered the future prospects of the deceased Tulcha Ram and also erred in awarding a meagre amount towards the conventional heads of loss of consortium, funeral expenses, and loss of estate. 16. Therefore, if we examine the facts of the case in the light 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, this Court finds that the compensation awarded to the claimants/appellants under the impugned order is required to be enhanced in terms of the table herein below: Loss of Annual Income(+) (Rs.155/-x30x12x16) Rs.8,92,800/- Deduction 1/4 (Rs.8,92,800/-x1/4) (-) Rs.2,23,200/- Future Prospects 40% (+) Rs.2,67,840/- Loss of Consortium (Rs.40,000/-x4) (+) Rs.1,60,000/- Funeral Expenses (+) Rs.15,000/- Loss of Estate(+) Rs.15,000/- [2025:RJ-JP:26404] (6 of 6) [CMA-3909/2011] Total Compensation Rs.11,27,440/- Already Awarded Amount(-) Rs.6,09,700/- Enhanced amount of compensation Rs.5,17,740/- 17. Therefore, the present appeal is partly allowed finding of issue no. 4 is hereby modified and accordingly award passed by the learned Tribunal is modified by enhancing to Rs. 11,27,440/- from the original amount of Rs.6,09,700/-. The Insurance Company is directed to deposit the enhanced amount of Rs.5,17,740/- before the learned concerned Tribunal within 60 days from the date of passing of this order. The claimant is also entitled to get interest on the enhanced amount Rs.5,17,740/- at the rate of 6% per annum from the date of filing of the claim petition, till the realization of the said amount. 18. Accordingly, the present appeal is partly allowed. The compensation awarded by the learned Tribunal is modified and enhanced as per the terms indicated above. 19. All pending application(s), if any, stand disposed of. (MANEESH SHARMA),J Seema/117