HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1481/2020 1. Krishan Kumar Sharma S/o Late Shri Radhamohan Sharma, Aged About 29 Years, R/o Village Bhandana, Tehsil Dausa, District Dausa (Raj.). 2. Smt. Vimla Devi W/o Vinod Kumar, Aged About 40 Years, R/o Village Bhandana, Tehsil Dausa, District Dausa (Raj.). 3. Manisha Sharma D/o Late Shri Vinod Kumar, Aged About 18 Years, R/o Village Bhandana, Tehsil Dausa, District Dausa (Raj.). 4. Rahul Sharma S/o Late Vinod Kumar, Aged About 16 Years, Minor Through Natural Guardian Mother Smt.vimla Devi W/o Late Shri Vinod Kumar Sharma R/o Village Bhandana, Tehsil Dausa, District Dausa (Raj.). ----Appellants Versus 1. Girdharilal S/o Ramasiram, R/o Village Khadaka, Tehsil Dausa, Police Station Kolwa, District Dausa (Raj.). 2. Vinod Kumar S/o Banwailal, R/o Khan Bhankari Road, Somnath Nagar Dausa, District Dausa (Raj.). (Owner Of Vehicle) 4. The New India Assurance Company Limited, Through Branch Manager,,branch Office Dausa, District Dausa (Raj.). (Insurance Company) ----Respondents For Appellant(s) : Mr. Buddhi Prakash Sharma For Respondent(s) : Mr. Ajay Kumar Tanenia JUSTICE ANOOP KUMAR DHAND Order 05/02/2026 (2 of 5) [CMA-1481/2020] 1. By way of filing the instant civil misc. appeal, a challenge has been led to the impugned award dated 20.12.2019 passed by the Motor Accident Claims Tribunal, Dausa (for short, ‘the Tribunal’) in MAC No.39/2019, by which the claim petition submitted by the claimants has been partly allowed and the respondents have been directed to pay compensation of Rs.5,63,452/- with interest @9% per annum to the claimants, from the date of filing of the claim petition. 2. Aggrieved by the aforesaid award, the claimants- appellants (hereinafter referred to as ‘the claimants’) have approached this Court by way of filing the instant appeal seeking enhancement of the amount of compensation. 3. An incident occurred on 28.08.2018, wherein the deceased-Radhamohan sustained multiple grievous and life threatening injuries which resulted in his death at SMS Hospital. Thereafter, an FIR was registered for the aforementioned incident and subsequently, charge-sheet was submitted against the owner of the offending vehicle and a claim petition seeking compensation was submitted before the Tribunal by the claimants. 3. The only argument which has been raised by the counsel for the claimants is that the income of the deceased was assessed on the basis of the minimum wages and accordingly his monthly income has been determined for 26 days only, while as per the judgment passed by the Co-ordinate Bench of this Court in the case of Nandu Devi and another vs. Sohan Lal and others while deciding S.B. Civil Misc. Appeal (3 of 5) [CMA-1481/2020] No.769/2017 on 23.02.2022, the Tribunal ought to have consider the monthly income of a daily waiger for 30 days, instead of 26 days. 4. The other argument raised by counsel for the claimants is that under the head of loss of consortium, all the dependents of the deceased are entitled to get compensation of Rs.40,000/- each in light of the judgment passed by the Hon’ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi reported in (2017) 16 SCC 860. 5. Counsel submits that under these circumstances, the impugned award needs suitable enhancement with respect to the submissions made hereinabove. 6. Per contra, learned counsel for the respondent-Insurance Company opposed the arguments raised by the counsel for the claimants, but he is not in a position to controvert the submissions and the proposition of law as laid down by this Court in the case Nandu Devi (supra) and the proposition of law as laid down by the Hon’ble Apex Court in the case of Pranay Sethi (supra). 7. Heard and considered the submissions made at the Bar and perused the material available on the record. 8. Perusal of the record indicates that the deceased was a daily wager. Applying the wages as provided under the circular issued by the Department of Labour, Government of Rajasthan, his monthly income was assessed as Rs.6092/- for 26 days each month. (4 of 5) [CMA-1481/2020] 9. As per the judgment passed by this Court in the case of Nandu Devi (supra) and judgment of the Co-ordinate bench of this Court in the case of Jalaur Singh and others vs. Barkat Singh and others reported in 2012 (2) MACT Raj. 692, the Tribunal ought to have considered the income of the daily wager for 30 days, instead of 26 days each month. 10. Similarly in the case of Pranay Sethi (supra), the Hon’ble Apex Court has propounded the law that in the case of death, all of the dependents of the deceased are entitled to get a sum of Rs.40,000/- each under the head of ‘loss of consortium’. However, in the instant case, the Tribunal has only awarded a lumpsum amount of Rs.40,000/-. Hence, under these circumstances, the impugned award is liable to be modified and the claimants are entitled to get the following amount as reproduced in the chart hereunder: Monthly Income (with Deduction towards personal and living expenses of the deceased) 213 x 30 x 1/4th = Rs. 4,792.5 Annual Income Rs. 4,792.5 x 12 = Rs.57,510/- Add 10 per cent towards future prospects Rs. 57,510 + 5,751 = Rs.63,261/- Multiplier to be applied 9 Rs.63,261 x 9 = 5,69,349/- Loss of estate Rs.15,000/- Funeral expenses Rs.15,000/- Loss of consortium, love and affection Rs.40,000 x 4 = Rs.1,60,000/- Total compensation awardable Rs.7,59,349/- Less compensation awarded by the Tribunal Rs.5,63,452/- Enhanced amount of compensation Rs.1,95,897/- (5 of 5) [CMA-1481/2020] 11. Thus, in the facts and circumstances, an amount of Rs.1,95,897 is required to be enhanced in the present case and the respondent-Insurance Company is directed to pay the above enhanced amount in addition to the amount already awarded by the Tribunal under the judgment dated 20.12.2019 within a period of two months from the date of receipt of certified copy of this order. Needless to say, the enhanced amount shall carry interest @6% per annum from the date of filing of the claim petition till the actual payment is made. 12. It is further ordered that out of the enhanced amount, a sum of Rs.50,000/- shall be disbursed by the Tribunal in the Savings Bank Account of the claimants and the balance amount of enhanced compensation i.e. Rs.1,45,897/- shall be invested in any of the Nationalised Bank initially for a period of three years and interest accrued thereon shall be paid to the claimants of the deceased on monthly basis. 13. Accordingly, the instant appeal stands partly allowed. All pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/62