[2025:RJ-JP:29230] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2413/2017 1. Smt. Asha W/o Rajendra, age 26 years R/o Bairwa Ka Mohalla Charnet, Tehsil Devli Distt. Tonk 2. Suman D/o Rajendra, age 9 years R/o Bairwa Ka Mohalla Charnet, Tehsil Devli Distt. Tonk 3. Vikas D/o Rajendra, age 8 years R/o Bairwa Ka Mohalla Charnet, Tehsil Devli Distt. Tonk 4. Akash S/o Rajendra, age 6 years Appellant No. 2 To 4 are Minors represented through their Mother Smt. Asha, R/o Bairwa Ka Mohalla Charnet, Tehsil Devli Distt. Tonk 5. Kesar W/o Jagannath,age 68 years R/o Bairwa Ka Mohalla Charnet, Tehsil Devli Distt. Tonk ----Claimants/Appellants Versus 1. Azad Mohmmad S/o Husain Mohmmad, R/o Bhishti Mohalla Ward No., Devli Tehsil, Devli Distt. Tonk Driver 2. Rang Lal S/o Pratap Meena, R/o Naya Gawa Gothra, Tehsil And P.s. Duni Distt. Tonk 3. Ram Lal S/o Panchu Meena, R/o Umar, Tehsil Hindoli, Distt. Bundi Owner 4. The United India Insurance Co. Ltd. Through Its Regional Manager, Regional Office, Sahara Chamber, Tonk Road, Jaipur. ----Non-Claimants/Respondents For Appellant(s) : Mr. Ravi Singh For Respondent(s) : Ms. Khushboo Sharma for Ms. Archana Mantri HON'BLE MR. JUSTICE MANEESH SHARMA Order 31/07/2025 1. The present appeal has been filed by the claimants- appellants under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred to as "the Act of 1988") for enhancement of compensation, assailing the award dated 10.11.2016 passed by the Judge, Motor Accident Claims Tribunal, [2025:RJ-JP:29230] (2 of 6) [CMA-2413/2017] Tonk (hereinafter to be referred to as the "learned Tribunal") in Claim Case No.423/2014, whereby the claim petition filed by the claimants/appellants was partly allowed, awarding compensation of Rs.9,16,180/- along with interest @ 7.5% per annum. 2. Brief facts of the case giving rise to the present appeal are that on 14.05.2014, the deceased-Rajendra Bairwa was going on his motor cycle along with Hariom and when they reached near Devpura, another vehicle (a Jeep bearing registration No.R.J.-08- UA-1613) driven by non-claimant/respondent No.1 in a rash and negligent manner and collided with the motorcycle of the deceased. As a result of which, the deceased-Rajendra Bairwa sustained grievous injuries, and later, succumbed to death. 3. Thereafter, the legal representatives of the deceased filed a claim petition before the learned Tribunal. It was contended therein that at the time of the accident, the age of the deceased was 25 years and he was earning Rs.15,000/- per month by doing the work of Masonry, accordingly, the claimants/appellants sought and prayed for a just and proper compensation. 4. Notice of the claim petition was served upon the non- claimants/respondents No.1 to 3 and they filed a detailed reply to the claim petition, denying the averments made in the claim petition and submitting that the accident occurred due to the negligence of the deceased himself. It was further submitted that since the Jeep in question was insured by the Insurance Company, therefore, liability to pay compensation, if any, may be fastened upon the Insurance Company. 5. Notice of the claim petition was served upon the non-claimant/respondent No.4 and they filed a detailed reply to [2025:RJ-JP:29230] (3 of 6) [CMA-2413/2017] the claim petition, wherein they refuted the averments made in the claim petition and submitted that the FIR was lodged with a delay of eight (8) days and that the insured vehicle was falsely implicated in the present case, it was also submitted that the accident occurred due to the negligence of the deceased himself. Therefore, they are not liable to pay any compensation to the claimant/appellant. 6. On the basis of the pleadings of the parties, the learned Tribunal framed four (4) issues. 7. In order to substantiate the averments in the claim petition, the claimant examined AW-1 Asha and AW-2 Hariram and produced as many as 32 documentary evidence. 8. The non-claimant/respondents, despite being granted the opportunity, chose not to lead any evidence. 9. After hearing arguments of the respective parties, the learned Tribunal decided all four (4) issues in favour of the claimants/appellants. 10. It is evident that the learned Tribunal has: (i) assessed the age of the deceased to be 27 years; (ii) determined the income of the deceased to Rs.4,914/- per month; (iii) adopted a multiplier of 17 and accordingly has awarded a sum of Rs.9,16,180/- along with interest @ 7.5% per annum as compensation. 11. Being aggrieved of which, the claimants/appellants have preferred the present appeal. 12. Learned counsel for the claimants/appellants submits that the learned Tribunal has awarded an inadequate amount of compensation, and the income of the deceased was only assessed for 26 days for a month, whereas the income of the deceased [2025:RJ-JP:29230] (4 of 6) [CMA-2413/2017] ought to have been evaluated while taking into account that there are 30 days in a month. He further submits that the future prospects of the deceased were not considered by the learned Tribunal and the amount awarded under the head of love and affection and other conventional heads is also meagre. The learned counsel further submits that in view of the direction of the Hon’ble Apex Court in the matters of National Insurance Co. Ltd. Vs. Pranay Sethi reported in 2017 (16) SCC 680 and United India Insurance Company Limited Vs. Satyendra Kaur @ Satwinder reported in AIR 2020 SC 3076, the impugned award may be suitably modified and the amount so awarded under the impugned award may kindly be enhanced. 13. Per contra, the learned counsel for the respondent-Insurance Company vehemently opposed the submissions so advanced by the learned counsel for the claimants/appellants and submitted that the learned Tribunal has, after due consideration of the pleadings and evidence of the parties, awarded a just and proper compensation and that the award so passed by the learned Tribunal does not suffer from any legal infirmity or perversity warranting any interference by this Court. Accordingly, she prays for dismissal of the appeal. 14. Heard and considered the submissions made by learned counsel for the parties and perused the material available on record. 15. From perusal of the record of the case, it is evident that the learned Tribunal has: (i) assessed the age of the deceased to be 27 years, (ii) the income of the deceased to be Rs.4,940/- per month; (iii) applied the multiplier of 17 and accordingly, awarded [2025:RJ-JP:29230] (5 of 6) [CMA-2413/2017] a sum of Rs.9,16,180/- as compensation. Although, the learned Tribunal has committed an error by: (i) assessing the income of the deceased only for 26 days, whereas the income of the deceased ought to have been evaluated for 30 days in a month; and (ii) not considering the future prospects of the deceased, while computing the compensation to be awarded. Therefore, in view of the above, if the facts of the case are examined in the light of the judgment passed by the Hon'ble Supreme Court in the matters of Pranay Sethi (Supra) and Satyendra Kaur @ Satwinder (Supra), the compensation awarded in the impugned order requires enhancement to some extent as per the table made hereinunder:- Loss of income (+) Rs.189x30x12x17=11,56,680/- Deduction(Personal expenses) (-) (1/4th) (-)Rs.2,89,170/- Future prospects @40% (+) Rs.3,47,004/- Loss of Love, Affection and Consortium (Rs.40,000/-x5) (+) Rs.2,00,000/- Loss of Estate (+) Rs.15,000/- Funeral Expenses (+) Rs.15,000/- Medical Bills (+) Rs.14,440/- Total Awarded Amount Rs.14,58,954/- Already Awarded Amount(-) Rs.9,16,180/- Enhanced amount of compensation Rs.5,42,774/- 16. Therefore, the present appeal is partly allowed, the findings recorded by the learned Tribunal under issues No.2 and 4 are modified, the award passed by the learned Motor Accident Claims Tribunal is modified accordingly, and the compensation awarded is enhanced to Rs.14,58,954/- from the original amount of Rs.9,16,180/-. The non-claimant-respondent/Insurance Company [2025:RJ-JP:29230] (6 of 6) [CMA-2413/2017] is directed to deposit the enhanced amount of Rs.5,42,774/- before the learned Motor Accident Claims Tribunal within 60 days from the date of passing of this order. The claimant is also entitled to get interest on the enhanced amount of Rs.5,42,774/- at the rate of 6% per annum from the date of filing of the claim petition until the realization of the said amount. On deposition of the enhanced amount, the learned Tribunal is directed to disburse the enhanced amount to the claimants on a pro-rata basis in terms of the award. 17. Accordingly, the appeal is partly allowed. The compensation awarded by the learned Tribunal is modified and enhanced as per the terms indicated above. 18. All pending application(s), if any, stands disposed of. (MANEESH SHARMA),J SOURAV /54