[2026:RJ-JP:13260] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3029/2009 1. Basanti W/o Late Ramhet, R/o Village Sirohi Police Station and Tehsil Chauth Ka Barwada, District Sawaimadhopur 2. Dilkhush @ Dillo D/o Late Ramhet, Sr. No. 2 To 4 Minor through their Guardian Mother, R/o Village Sirohi Police Station And Tehsil Chauth Ka Barwada, District Sawaimadhopur 3. Shimla D/o Late Ramhet, R/o Village Sirohi Police Station and Tehsil Chauth Ka Barwada, District Sawaimadhopur 4. Lalli D/o Late Ramhet, R/o Village Sirohi Police Station and Tehsil Chauth Ka Barwada, District Sawaimadhopur ----Appellants Versus 1. Oriental Insurance Company Ltd. Through Branch Manager, Branch Office Bazaria, Sawaimadhopur 2. Islam S/o Peer Khan, R/o Village Sarsop, Police Station And Tehsil Chauth Ka Barwada, District Sawaimadhopur 3. Mastram S/o Kanhaiya Lal, R/o Village Sawai Ganj, Post Panudera, Police Station And Tehsil Chauth Ka Barwada, District Sawaimadhopur ----Respondents For Appellant(s) : Mr. Durgesh Kumar Jangid with Mr. Amit Sharma for Mr. Tarun Jain For Respondent(s) : Ms. Charvi Sharma with Ms. Khushmita Mahawar for Mr. Kuldeep Verma HON'BLE MR. JUSTICE SANDEEP TANEJA Order 30/03/2026 1. The present appeal has been filed by the appellants-claimants (for short ‘appellants’) against the judgment and award dated 10.02.2009 passed by the learned Motor Accident Claims Tribunal, Sawai Madhopur (for short ‘Tribunal’), in Claim Case No.87/2005, whereby the claim petition filed by the appellants was partly allowed. [2026:RJ-JP:13260] (2 of 5) [CMA-3029/2009] 2. The brief facts of the case are that the appellants, legal representatives of Ramhet, filed a claim petition before the learned Tribunal, stating therein that on 27.07.2024 Ramhet was going on motorcycle, bearing registration No.RJ-25-2M-6976, along with one Shri Pooranmal (driver of the motorcycle) and at about 12:30 P.M., when they reached village Bhedoli, another motorcycle, bearing registration No.RJ-25-2M-7628, being driven in a rash and negligent manner by the respondent No.2, came from the opposite direction and hit the motorcycle of Ramhet. As a result of which, both Ramhet and Pooranmal sustained grievous injuries and subsequently, Ramhet died. After completion of investigation, the police filed charge-sheet against the respondent No.2 for the offence(s) punishable under Section(s) 279, 337, 338 and 304-A IPC. 3. The learned Tribunal vide impugned judgment and award partly allowed the claim petition and awarded a total sum of Rs.3,32,840/- in favour of the appellants along with interest @ 6% per annum from the date of filing of the claim petition. 4. Being dissatisfied with the impugned judgment and award dated 10.02.2009, the instant appeal has been filed for enhancement of compensation so awarded by the learned Tribunal. 5. Learned counsel for the appellants has made the following submissions:- i. The learned Tribunal has erred in omitting to make addition in the income of the deceased towards future prospects. ii. The learned Tribunal has made a deduction of 1/3rd of the income of the deceased towards personal expenses, whereas, considering the number of the dependants, a deduction of 1/4th ought to have been made. [2026:RJ-JP:13260] (3 of 5) [CMA-3029/2009] iii. Under the head of loss of consortium, each of the appellants are entitled to Rs.40,000/- separately. iv. The appellants are further entitled to compensation of Rs.15,000/- under the head of loss of estate. v. Compensation of Rs.5,000/- has been awarded towards funeral expenses, however, compensation of Rs.15,000/- should be awarded under the said head. 6. Learned counsel for the respondent-Insurance Company has opposed the submissions made by learned counsel for the appellants and has submitted that the award is just and reasonable and requires no interference by this Court. 7. Heard the learned counsel for the parties and perused the material available on record. 8. Having regard to the principles laid down by the Hon'ble Supreme Court in the cases of National Insurance Company Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680 and Magma General Insurance Company Vs. Nanuram @ Chuhru Ram & Ors. reported in (2018) 18 SCC 130, this Court is of the opinion that the compensation as awarded by the learned Tribunal deserves to be reassessed as under:- i. From a bare perusal of the impugned judgment and award, it is revealed that while calculating the loss of dependency, the learned Tribunal has not made any addition in the income of the deceased towards future prospects. Undisputedly, at the time of the accident, the age of the deceased was 30 years and therefore, addition @40% is required to be made in the income of the deceased towards future prospects. [2026:RJ-JP:13260] (4 of 5) [CMA-3029/2009] ii. Considering the number of dependants upon the deceased at the time of accident, a deduction of 1/4th of the income of the deceased will be made towards personal expenses. iii. All the appellants are entitled to get compensation of Rs.40,000/- separately, under the head of loss of consortium. iv. Under the head of loss of estate, the appellants are entitled to get compensation of Rs.15,000/-. v. The compensation towards funeral expenses will be Rs.15,000/-, instead of Rs.5,000/-. 9. Thus, in view of the above discussion, the compensation payable to the appellants is reassessed as under:- S.No. Particular Amount assessed 1. Monthly Income Rs.73 X 30 = Rs.2,190/- 2. Annual Income Rs.2,190 X 12 = Rs.26,280/- 3. According to the age of the de- ceased i.e.30 years, multiplier of 17 to be applied Rs.26,280/- X 17 = Rs.4,46,760/- 4. As per dependency, 1/4th income to be deduced for personal expenses of the deceased (-) Rs.4,46,760 /- – Rs.1,11,690/- = Rs.3,35,070/- 5. Add 40% towards future prospects (+) Rs.3,35,070/- + Rs.1,34,028/- = Rs.4,69,098/- 6. Total loss of income Rs.4,69,098/- 7. Loss of consortium (Rs.40,000 X 4) Rs.1,60,000/- 8. Loss of estate Rs.15,000/- 9. Loss of funeral expenses Rs.15,000/- Total Compensation Rs.6,59,098/- Less amount awarded by the Tribunal (-) Rs.3,32,840/- Enhanced amount of compensation Rs.3,26,258/- 10. Accordingly, the compensation amount awarded by the learned Tribunal is enhanced by Rs.3,26,258/-. The rest of the impugned award [2026:RJ-JP:13260] (5 of 5) [CMA-3029/2009] shall remain intact. The respondents are directed to deposit the enhanced amount within a period of two months from today. 11. It is directed that the enhanced amount shall carry the rate of interest in terms of the award passed by the learned Tribunal, from the date of filing of the claim petition till the recovery. The amount shall be disbursed in terms of the award passed by the learned Tribunal. 12. The present appeal is disposed of in the above terms. 13. All pending applications, if any, also stand disposed of. 14. Registry is directed to send back the record to the concerned Tribunal forthwith. (SANDEEP TANEJA),J AVINASH GULERIA /19