[2025:RJ-JP:15470] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3227/2018 1. 2. Ramswaroop Swami S/o Shri Sunadas Swami Aged about 44 years. Smt. Mali Devi W/o Shri Ramswaroop Swami, Aged About 42 Years, R/o Village Daulatpura Manda Bhinda, P.S. Govindgarh Distt. Jaipur Raj. 3. 4. Vikash Swami S/o Shri Ramswaroop Swami, Aged About 21 Years, R/o Village Daulatpura Manda Bhinda, P.s. Govindgarh Distt. Jaipur Raj. Sheela Swami D/o Shri Ramswaroop Swami, Aged About 15 Years, Minors Thorugh Its Natural Guardian/father Shri Ramswaroop Swami), R/o Village Daulatpura Manda Bhinda, P.s. Govindgarh Distt. Jaipur Raj. 5. Savita Swami D/o Shri Ramswaroop Swami, Aged About 13 Years, Minors Thorugh Its Natural Guardian/father Shri Ramswaroop Swami), R/o Village Daulatpura Manda Bhinda, P.s. Govindgarh Distt. Jaipur Raj. ----Appellants Versus 1. Almuddin S/o Islamuddin, Aged 31 Years, R/o Chamdaghar, Khara Kuaa, Ward No.5, Police Thana Bishanganj, Kishangarh Distt. Ajmer. (Driver Alto Car No.RJ-14-CC-1347). 2. 3. Kailash Chand Meena S/o Shri Bhanwar Lal, R/o Village Gopalgarh Ghati Ghanshyampura, Tehsil Jamwaramgarh, Distt. Jaipur (Regd. Owner Alto Car No. Rj-14-CC-1347) Dharampal S/o Shri Rajesh R/o Makaan No.34, Tejaji Ki Bageechi, Purani Basti, Chandpole Bazaar (Vehicle Power of Attorney Holder owner Alto Car No.RJ-14-CC-1347). 4. IFFCO Tokio General Insurance Company Limited, Through Manager, Regd. Office Second Floor, Malwa Tower, Khatipura Chouraha, Sirsi Road, Jaipur. Insurer Of Alto Car No. RJ.-14-CC-1347) ----Respondents [2025:RJ-JP:15470] (2 of 7) [CMA-3227/2018] For Appellant(s) : Mr. Ram Singh Rathore For Respondent(s) : Despite service none present HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR JUDGEMENT RESERVED ON :: 04/04/2025 JUDGEMENT PRONOUNCED ON :: 21/04/2025 1. The instant civil miscellaneous appeal has been preferred by the appellants-claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) praying enhancement in the award dated 25.04.2018 passed by the Presiding Officer, Motor Accident Claims Tribunal, Jaipur, in claim case No. 51/2017 titled as Ramswaroop Swami and Ors. vs. Almuddin and Anr., whereby the learned Tribunal has awarded compensation of Rs. 6,95,400/- in favour of appellants-claimants along with interest @ 9% per annum on account of death of Shri Ravi Kumar. 2. As per the averments made in the appeal, on 29.11.2016, the deceased-Ravi Kumar went to Phulera to take his borrowed money by a Motor-Cycle bearing No. RJ-23-SW-7515 while returning from Renwal when he reached Jobner ahead of Pipli Ka Bas Bus Stand then from opposite direction an alto Car bearing No.RJ-14-CC- 1347 being driven in high speed, rashly and negligently by its Driver respondent No.1 came into wrong side and hit the Motor- cycle, as a result Ravi Kumar sustained grievous injuries and during the treatment, he died. Hence, claim petition was filed before the Tribunal. [2025:RJ-JP:15470] (3 of 7) [CMA-3227/2018] 3. Notices were served to the respondents. Respondents No.1 to 3 appeared before the learned Tribunal and chose not to file the written statement. Respondent No.4-Insurance Company of the offending vehicle appeared and filed the written statement controverting all the averments made in the claim petition. 4. The Tribunal has framed five issues for consideration. Before the Tribunal, the claimants examined AW-1 Ramswaroop, AW-2 Bunti and AW-3 Ratan Lal Jat and produced documentary evidence from Ex.1 to Ex.21. No oral or documentary evidence has been adduced by the respondents. 5. On the basis of oral and documentary evidence produced by the claimants, the Tribunal held that the claimants are entitled for compensation of Rs.6,95,400/- along with interest @ 9% per annum from the date of filing of the petition till the date of its realization. 6. Being aggrieved and dissatisfied with the impugned judgment and award dated 25.04.2018, the present appeal has been filed by the appellants-claimants. 7. Heard the learned counsel for the appellants and perused the record. 8. Learned counsel for the appellants-claimants submits that deceased- Ravi Kumar was working as an Electrician and salesman in Mobile Center, Chomu, therefore his monthly income should be reckoned as per semi skilled/skilled labourer. Under conventional heads also, the learned Tribunal has not followed the principles [2025:RJ-JP:15470] (4 of 7) [CMA-3227/2018] enunciated by the Supreme Court, therefore, the appellants- claimants are entitled for enhanced compensation. 9. I have given my earnest consideration to the contentions raised by learned counsel for the appellants and scanned the matter carefully. 10. The manner in which the accident occurred is not disputed. This appeal has been filed only questioning quantum of compensation, hence there is no need for any discussion on the question of negligence. 11. The age and multiplier as determined by the learned Tribunal is also unquestioned. 12. The learned Tribunal after elaborately discussing the factual aspects awarded a sum of Rs. 6,80,400/- for loss of income, Rs. 15,000/- for funeral expenses and no amount is awarded under any other heads. 13. The Tribunal ought to have followed the judgments of Hon’ble Apex Court reported in:- (i) (2017) 16 SCC 680, National Insurance Company Limited Vs. Pranay Sethi and Others (ii) (2018) 18 SCC 130 Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram & ors. However, without following the guidelines issued in the said judgments, the Tribunal mechanically awarded compensation which is not permissible. [2025:RJ-JP:15470] (5 of 7) [CMA-3227/2018] 14. Before the Tribunal, no documentary evidence about semi- skilled/skilled labourer was adduced by claimants in support of their contentions. 15. The Tribunal has not considered the minimum wages prevailing on the date of accident, therefore the determination of minimum wages for unskilled labourer as assessed @ Rs.150/- per day is not proper hence considering the minimum wages for unskilled labour at the time of accident @ Rs.201/- per day considering month of 30 days, monthly income of the deceased would come to Rs.6030/- and adding its 40% i.e. Rs.2412/- towards future prospects in terms of the law laid down by the Apex Court in Pranay Sethi (supra), monthly income of the deceased would come to Rs.8442/- per month. Admittedly, the deceased was unmarried at the time of accident, therefore after deduction of 1/2 i.e. 4221/- per month from above assessed income, net income would come to Rs. 4221/- per month and loss of income comes to Rs. 4221 X 18x 12=9,11,736/-. 16. In view of the above, the appellant/claimants are also entitled to sum of Rs.2,30,000/- with increase of its 10% of every three years under the non-pecuniary heads of loss of consortium, loss of estate and thereby the appellants/claimants are entitled for Rs.2,76,000/- towards conventional heads as per the dictum of Hon’ble Supreme Court in the cases of Pranay Sethi (supra) and Magma General Insurance (supra). [2025:RJ-JP:15470] (6 of 7) [CMA-3227/2018] 17. Therefore, the compensation awarded by the learned Tribunal is ought to be re-assessed, and re-determined as follows:- Sr. No. Description Amount awarded by Tribunal (in Rs.) Award modified by this Court (in Rs.) 1. Loss of income 6,80,400/- 9,11,736/- 2. Funeral expenses 15,000/- 18,000/- 3. Parental Consortium NIL 48,000/- 4. Loss of estate NIL 18,000/- 5. Filial Consortium NIL 1,44,000/- 6. Spousal Consortium NIL 48,000/- Total Compensation 6,96,400/- 11,87,736/- 18. The appellants/claimants are entitled to total compensation of Rs.11,87,736/- along with interest @ 8% per annum from the date of filing of the petition till the date of realisation. 19. The respondent No.4 Insurance Company is directed to deposit the modified /enhanced award of amount before the learned Tribunal within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellant-claimants are permitted to withdraw the entire modified/ enhanced award with accrued interest in proportion as determined in the original award passed by the learned Tribunal, after deducting the amount already withdrawn, if any, on making appropriate and necessary application before the Tribunal. The appellant-claimants shall not be entitled to any interest for the period of delay in filing the appeal, if any. The Tribunal shall [2025:RJ-JP:15470] (7 of 7) [CMA-3227/2018] disburse the enhanced amount upon production of certified copy of this judgment. 20. Consequently, the appeal is allowed. The judgment and award passed by the learned Tribunal is modified to the above extent. (PRAMIL KUMAR MATHUR),J sunita/20