[2025:RJ-JP:18681] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1507/2011 Bablu Singh s/o Genda Ram, age 25 years, r/o village Bhojpur, Tehsil Sikray, District Dausa ----Claimant-Appellant Versus 1. Sanjeev Kumar s/o Cham Das, r/o mohalla neelaghat, polwara bajar, PS Una City (Himachal Pradesh) (Driver of teh Tanker No.GJ7-T-T 5794) 2. (A) Bheemwaram s/o Bhura Ram, R/o PS Sadar Nagla Shikar, District Shikar (Supurdgi Holder and possession Holder Owner) (B) Jigna Ben, Basant Kumar Takkar r/o Plot NO.21, Baikars Colone Bhuj, Distt. Bhuj (Gujrat)(Owner) 3. National Insurance Co. Ltd. through its regional manager, re- gional office at LIC Building Ambedkar Circle Janpath, Jaipur (In- surance Company of the Vehicle) ----Non-claimants-Respondents For Appellant(s) : Mr. Sunil Jain For Respondent(s) : Mr. Ram Singh Bhati HON'BLE MR. JUSTICE MANEESH SHARMA Order 02/05/2025 1. The present appeal has been filed by the claimant 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 21.07.2008 passed by Judge, Motor Accident Claims Tribunal and learned ADG & Sessions Judge (Fast Track), Dausa (hereinafter to be referred as "MACT, Court") in Claim Case No.364/2007 titled as "Bablu Singh Vs. Sanjeev Kumar & Ors.), whereby the claim petition filed by the claimant- appellant has been partly allowed. [2025:RJ-JP:18681] (2 of 4) [CMA-1507/2011] 2. Brief facts giving rise to the present appeal are that at the time of the accident, the appellant was 21 years old and was working as a Motor Mechanic of a Jeep, earning a salary of Rs.8,000/- per month. On 19.07.2005, the appellant was going to Dausa in a Jeep bearing Registration No.RJ-29-T-0258. When the Jeep reached the Kalakh bus station, the respondent No.1-Sanjeev Kumar while driving a Tanker bearing Registration No.GJ-7T-T- 5794, rashly and negligently and dashed the Jeep. As a result of the said accident, the appellant sustained various injuries and his right leg was amputated above the knee. As per Exhibit-1, the ap- pellant suffered 80% permanent disability. The learned Tribunal, while deciding the claim petition of the appellant, awarded a compensation of Rs.2,68,600/- in favour of the claimant under the impugned award. 3. It is contended by the learned counsel for the appellant that the awarded compensation is inadequate and requires to be en- hanced 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.3- 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. Having considered the submissions made by learned counsel for the parties and perused the material available on record. 6. From the perusal of the record, it is established that the injured appellant was 21 years old and was working as a Mechanic of a Jeep and due to the said accident on 19.07.2005. He sus- [2025:RJ-JP:18681] (3 of 4) [CMA-1507/2011] tained serious injuries and as per Exhibit-1, the appellant has suf- fered 80% permanent disability and his right leg was amputated above the knee. 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 the compensation awarded under the impugned order requires to be modified to some extent. Thus, while considering the age of injured to be 21 years and the income of the injured equivalent to minimum wages of skilled labour at Rs.81/- per day at the time of accident and in light of the said judgment passed by the Hon'ble Supreme Court, the compensation amount claimed by the appellant is enhanced in terms of the table herein: Loss of Earning Capacity Due To Functional Disability Rs.81/- x30x12x80%x18=Rs.4,19,904/- Future prospects (+) 40% Rs.1,67,961/- Pain & Suffering (+) Rs.1,00,000/- Medical Bill (+) Rs.52,108/- Special Diet & Conveyance(+) Rs.12,500/- Total Rs.7,52,473/- Already Awarded Amount(-) Rs.2,68,608/- Enhanced amount of compensation Rs.4,83,865/- 8. Therefore, the present appeal is partly allowed and award passed by the learned MACT Court below is modified by enhancing to Rs.7,52,473/- from the original amount of Rs.2,68,608/-. The Insurance Company is directed to deposit the enhanced amount of Rs.4,83,865/- before the learned concerned MACT Court within 60 days from the date of passing of this order. The claimant is also [2025:RJ-JP:18681] (4 of 4) [CMA-1507/2011] entitled to get interest on the enhanced amount Rs.4,83,865/- at the rate of 5% per annum from the date of 24.04.2006 until the realization of the said amount. 9. Accordingly, the appeal is partly allowed. The compensation awarded by the learned Tribunal is modified and enhanced as per the terms indicated above. 10. All pending application(s), if any, stands disposed of. (MANEESH SHARMA),J Seema/111