[2025:RJ-JP:40293] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3432/2014 1. Smt Rajni Sharma W/o Late Manoj @ Manoj Kumar Sharma, Age 30 years 2. Gopal Lal Sharma S/o Late Moolchand Sharma, Age 56 years, 3. Smt. Nirmla Devi W/o Gopal Lal Sharma, Age 53 years, All R/o Village Badh Bujh( Dhani Bihariyo Ki) Tehsil Jamwaramgarh, Distt. Jaipur ----Appellant-Claimants Versus 1. Natwar Vyas S/o Totaram Vyas, R/o P.No. 52, Mohan Nagar, Bottom of Nahargarh Fort, Jaipur (Vehicle Owner of Vehicle No.RJ-14-P-5527) 2. United India Insurance Company Limited, Branch Office Digambar Jain Dharmshala Building, M.I. Road, Jaipur (Insurance Company of Vehicle No.RJ-14-P-5527) ----Respondents For Appellant(s) : Mr. Lakhan Sharma For Respondent(s) : Mr. Nemi Chand Jain HON'BLE MR. JUSTICE GANESH RAM MEENA Order 06/10/2025 1. The present appeal has been preferred by the appellant for enhancement of the compensation amount. 2. The Motor Accident Claims Tribunal, Jaipur District Jaipur (for short, 'the Tribunal'), vide judgment and award dated 13.06.2014 passed in Motor Accident Claim No.16/2014 (782/10) awarded the compensation to the tune of Rs.12,51,000/-. 3. The brief facts of the case are that a claim petition was filed before the Tribunal with the averments that the son of the appellant died as on 15.05.2010 a result of the injuries sustained in motor accident which took place on 13.05.2010 while the [2025:RJ-JP:40293] (2 of 4) [CMA-3432/2014] deceased was traveling on motorcycle and hit by a mini bus being driven rash and negligently by the respondent driver. 4. After making appreciation of the evidence available on record, the Tribunal, vide judgment dated 13.06.2014 awarded the compensation to the tune of Rs.12,51,000/-. 5. As per the memo of the appeal, it has been averred that the pay certificate (Exb.13) as regards the monthly income of the deceased, has not been taken into consideration by the Tribunal while assessing the loss of income. 6. As per the facts on record, the deceased met with an accident on 13.05.2010 and as a result of the injuries sustained in the accident, he died on 15.05.2010. The claimants submitted the pay certificate dated 17.10.2010 (Exb.13) which is said to have been issued by the Pawan Hospital Pvt. Ltd. stating that the deceased was working as a Part Time Dentist in the hospital from January, 2010 and was being paid Rs.10,000/- per month as a gross salary. In the pay certificate, the Medical Officer of the hospital has stated that the deceased was working with them uptill month of June, 2010 whereas he died on 15.05.2010. 7. The certificate has been issued on 17.10.2010 and the same is not supported with any other material like any record of the hospital from which it could be established that the deceased was being paid the salary of Rs.10,000/- regularly since January, 2010. Merely issuing the pay certificate without any supporting documents cannot be made the basis for ascertaining the income of the deceased as the said certificate was issued by a private hospital. The claimant has failed to establish the genuineness of the pay certificate. [2025:RJ-JP:40293] (3 of 4) [CMA-3432/2014] 8. The learned Tribunal has assessed the income of the deceased as Rs.6,000/- on notional basis. 9. The appellant has also raised an issue that future prospects has not been allowed. On perusal of the judgment, it is revealed that the income of the deceased was assessed as Rs.6,000/- and future prospects of 50% was also added while ascertaining the loss of income. 10. The court finds no illegality and perversity in the finding of the Tribunal relating to the ascertainment of the income of the deceased and grant of future prospects. 11. On scrutiny of the judgment passed by the Tribunal, the Court finds that under the head of consortium only Rs.20,000/- has been awarded, whereas as per the settled law, the consortium is to be allowed @ Rs.40,000/- per dependent. In the present matter, there are three dependents-claimants and therefore under the head of consortium, the appellants-claimants are entitled for amount of Rs.1,20,000/-. 12. The Tribunal has also allowed Rs.5,000/- for funeral expenses, whereas as per the settled law Rs.15,000/- is to be allowed under the head of funeral expenses and Rs.15,000/- under the loss of estate. 13. In view of aforesaid discussion, the Court finds that in addition to the compensation awarded by the Tribunal, the appellants-claimants are entitled for additional amount of Rs.1,00,000/- under the head of consortium, Rs.10,000/- under the head of funeral expenses and Rs.15,000/- under loss of estate. Hence, the compensation amount as awarded by the Tribunal is enhanced with additional amount of Rs.1,25,000/-. [2025:RJ-JP:40293] (4 of 4) [CMA-3432/2014] 16. This appeal is partly allowed. The amount of compensation as awarded by the Tribunal is enhanced with an additional amount of Rs.1,25,000/-. 17. The claimants-appellants are also entitled for interest on this additional amount @ 6% p.a. from the date of filing of the claim petition. (GANESH RAM MEENA),J Gaurav Srivastava/Satyendra/3