[2025:RJ-JP:22281] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2351/2012 1. Sabira Bano W/o Sher Mohammad, aged 33 years 2. Mohammad Mukhim S/o Sher Mohammad, aged 13 years 3. Abdul Wazid S/o Sher Mohammad, aged 11 years 4. Mudasir S/o Sher Mohammad, aged 9 years 5. Mushraff S/o Sher Mohammad, aged 7 years 6. Amna Bano W/o Shafi Mohammad, aged 58 years (Appellant No. 2 to 5 are minor through their mother and natural guardian Sabira Bano W/o Sher Mohammad) (All R/o Amarpura Tehsil Deedwana, District Nagaur.) ----Claimants/Appellants Versus 1. Dr Ravindra Dhabhai S/o Kishori Lal Dhabai, R/o Dhabai Sadan, Kugamedi, Sikar. (Owner) 2. Royal Sundaram Alliance Insurance Company Limited, having its corporate office at Sundaram Towers, 46, Whites Road, Royapettah, Chennai through its Manager. 3. Devendra Kumar Yadav S/o Brij Lal Yadav, R/o Radha Kishanpura Ward No. 30, Sikar. (Owner) ----Non-claimant/Respondents For Appellant(s) : Mr. Vinay Mathur For Respondent(s) : None HON'BLE MR. JUSTICE GANESH RAM MEENA Order 27/05/2025 1. This appeal has been preferred by the claimants-appellants for enhancement of compensation amount as awarded by the Motor Accident Claims Tribunal, Sikar (for short ‘the Tribunal’) vide its judgment dated 14.03.2012. The Tribunal vide judgment dated [2025:RJ-JP:22281] (2 of 4) [CMA-2351/2012] 14.03.2012 has awarded compensation to the claimants to the tune of Rs.5,62,000/-. 2. The brief facts of the case are that a claim petition was filed before the Tribunal with the averments that Sher Mohd. while going alongwith his known-Kamaluddin in a Maruti Alto Car bearing registration No.RJ-23-C-5697 from Daulpura towards his village Amarpura, the driver Kamaluddin lost his control and hit the car with unknown vehicle and in the said accident Sher Mohd. died. The learned Tribunal vide its judgment dated 14.03.2012 disposed the claim petition and awarded compensation to the claimants to the tune of Rs.5,62,000/-. 3. Learned counsel for the appellants submits that there is no dispute as regards the determination of the income of the deceased Sher Mohd. for calculation of the loss of income and also there is no dispute as regards the determination of the age and the multiplier to be applied. Counsel further submits that the Tribunal has made a deduction of 1/3 of the income against personal expenditure of the deceased, whereas, in view of the number of dependents i.e. 6, the deduction should have been made 1/4. Counsel for the appellant further submits that the learned Tribunal has not taken into consideration the future prospectus so also no amount has been allowed towards the loss of love and affection. 4. No one is present on behalf of respondent-Insurance Company. 5. Heard and considered the submissions made by counsel for the appellants and also perused the record. [2025:RJ-JP:22281] (3 of 4) [CMA-2351/2012] 6. The first submission made by counsel for the appellants is that the learned Tribunal has made deduction of 1/3. As per the claim petition, the total dependents are six in number and in view of the judgment passed in the case of National Insurance Company Limited vs. Pranay Sethi & Ors.; 2017 (16) SCC 680, wherein the number of dependents is 4 to 6, the deduction is to be made @ 1/4 only. 7. The learned Tribunal has also not taken into consideration the future prospectus. The future prospectus is allowed in cases where the income of the deceased, if he would have remain alive, would have increased. 8. The learned Tribunal has not allowed any compensation towards the head of loss of love and affection. 9. In view of the judgment passed in case of Magma General Insurance Co. Ltd vs. Nanu Ram alias Chuhru Ram; 2018 (18) SCC 130, the claimants deserve the compensation for love and affection also. 10. In view of discussion made above and after taking into consideration the overall facts of the case, this Court finds that the claimants deserve to be allowed compensation as under:- Sr. No. Under the head of Calculation Amount (in Rs.) A Loss of income 150 X 30 X 12 54,000/- B Multiplier (15) 54,000 X 15 8,10,000/- C Deduction (1/4) 8,10,000 X 3/4 6,07,500/- D Future prospectus 40% 6,07,500 X 40/100 2,43,000/- E Total loss of income (C+D) 8,50,500/- [2025:RJ-JP:22281] (4 of 4) [CMA-2351/2012] F Loss of love & affection 40,000 X 6 2,40,000/- G Funeral expenses 30,000/- Total Compensation (E+F+G) 11,20,500/- 11. Accordingly the judgment of the Tribunal as regards the compensation amount is modified as per the table given above. 12. The interest on the total compensation amount as enhanced and modified by this Court would be same as per the terms of the judgment of the Tribunal. 13. The appeal stands disposed of as above. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /63