[2026:RJ-JP:5449] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2830/2023 1. Anita Wife Of Kailash, Aged About 46 Years, Resident Of Village Chauru, Tehsil Uniyara, District Tonk 2. Pawan Khangar Son Of Kailash, Aged About 23 Years, Resident Of Village Chauru, Tehsil Uniyara, District Tonk 3. Nisha Daughter Of Kailash, Aged About 22 Years, Resi- dent Of Village Chauru, Tehsil Uniyara, District Tonk 4. Prahalad Son Of Moti, Aged About 71 Years, Resident Of Village Chauru, Tehsil Uniyara, District Tonk 5. Laxma Wife Of Prahalad, Aged About 69 Years, Resident Of Village Chauru, Tehsil Uniyara, District Tonk ----Appellants Versus 1. Kamlesh Kumar Khatik Son Of Babu Lal, Resident Of Raigaro Ko Mohalla, Lakheri, Tehsil Keshavraipatan, Dis- trict Bundi (Driver Truck No. Rj-11-Ga-4653) 2. Babu Lal Son Of Banshi Lal, Resident Of Raigaro Ko Mo- halla, Lakheri, Tehsil Keshavraipatan, District Bundi (Owner Truck No. Rj-11-Ga-4653) 3. The New India Insurance Company Limited, Division Of- fice At Dharma Heights, 10, Moti Lal Atal Road, M.i.road, Jaipur Having Its Regional Office At Nehru Palace, Tonk Road, Jaipur Rajasthan Through Its Regional Manager (In- surer Truck No. Rj-11-Ga-4653) ----Respondents For Appellant(s) : Mr.Vinay Mathur with Mr.Ashish Mittal For Respondent(s) : Mr.V.P. Mathur JUSTICE ANOOP KUMAR DHAND Order 05/02/2026 [2026:RJ-JP:5449] (2 of 4) [CMA-2830/2023] 1. By way of filing the instant appeal, a challenge has been led to the impugned award dated 15.07.2023 passed by the Motor Accident Claim Tribunal, Tonk (hereinafter referred to as “the Tribunal”) by which the claim petition submitted by the claimants- appellants (hereinafter referred to as “the claimants”) has been partly allowed and the compensation of Rs.10,83,225/- has been awarded in favour of the claimants. 2. Learned counsel for the appellants submits that on 27.03.2019, the deceased met with an accident caused by the driver of the truck bearing No.RJ-11-GA-4653 and the deceased died on the spot. Counsel submits that a claim petition was submitted seeking compensation against the driver & owner of the vehicle and its insurance company before the Tribunal and the same has been decided on 15.07.2023. 3. Counsel submits that the appellants have approached the Tribunal for grant of adequate amount of compensation under the head of loss of consortium. Counsel submits that as per the judgment passed by the Hon’ble Apex Court in the case of National Insurance Co. Ltd vs Pranay Sethi reported in 2017 (26) SCC 680 & Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru reported in 2018 (18) SCC 130, under the head of loss of consortium each dependent of the deceased is entitled to get amount of Rs.40,000/- separately, but in the instant case, a lumpsum amount of Rs.44,000/- has been awarded to all the dependents of the deceased under this head. Counsel submits that under these circumstances, the impugned award needs to be suitably enhanced under this head. [2026:RJ-JP:5449] (3 of 4) [CMA-2830/2023] 4. Per contra, learned counsel appearing on behalf of the respondents opposed the arguments raised by counsel for the petitioner, but he is not in a position to controvert the aforesaid submissions made by counsel for the appellant. However, he argued that since the owner and driver of the vehicle in question were not having any valid permit to ply the vehicle, hence, under these circumstances, while passing the impugned award, the Tribunal has given the right of recovery to the respondent- insurance company, after paying amount of compensation to the claimants, hence, that direction of the Tribunal be retained untouched. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. The only argument which has been raised by counsel for the appellants is that under the head of loss of consortium, a lumpsum amount of Rs.44,000/- only has been awarded in favour of the claimants. 7. The Hon’ble Apex Court in the cases of Pranay Sethi (supra) and Nanu Ram (supra) has held that each dependents of the deceased are entitled to get compensation under the head of loss of compensation, i.e., Rs.40,000/- individually, but in the instant case, a lumpsum amount of Rs.44,000/- only has been awarded in favour of the claimants. 8. On this count alone, the appeal stands partly allowed and a direction is issued to the respondents to pay a sum of Rs.40,000/- separately to each of the claimants with interest @6% p.a. from the date of filing of the claim petition, after adjusting the amount already paid under this head. Therefore, the claimants would be [2026:RJ-JP:5449] (4 of 4) [CMA-2830/2023] entitled to get the following amount of enhanced compensation as reproduced in the chart hereunder:- Love and Affection Rs.40,000/- X 4= Rs.2,00,000/- Less amount awarded by the Tribunal under the head of love and affection Rs.44,000/- Enhanced amount of com- pensation Rs.1,56,000/- 9. Accordingly, the instant appeal stands partly allowed. The award passed by the Tribunal stands modified to the extent that the claimant would be now entitled to get a further sum of Rs.1,56,000/- by way of enhanced compensation and the remaining terms and conditions of the award shall remain intact. 10. The right to recovery of the insurance company shall remain intact after making payment of enhanced compensation to the claimants. 11. The respondents are directed to pay the above computed enhanced amount within a period of two months from today with interested @ 6% p.a. from the date of filing of the claim petition. (ANOOP KUMAR DHAND),J Aayush Sharma /37