[2026:RJ-JP:16662] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 705/2026 1. Anita W/o Jodhraj, Aged About 30 Years, R/o Delunda Tehsil Talera Distt. Bundi (Rajasthan). 2. Beeramdev S/o Jodhraj, Aged About 9 Years, Minor Through Guardian Mother Anita. R/o Delunda Tehsil Talera Distt. Bundi (Rajasthan). 3. Nitesh S/o Jodhraj, Aged About 7 Years, Minor Through Guardian Mother Anita. R/o Delunda Tehsil Talera Distt. Bundi (Rajasthan). 4. Gorsilal Urf Gyarsi Lal S/o Birdhilal, Aged About 55 Years, R/o Delunda Tehsil Talera Distt. Bundi (Rajasthan). 5. Lachhma Bai W/o Gyarsi Lal, Aged About 58 Years, R/o Delunda Tehsil Talera Distt. Bundi (Rajasthan). ----Appellants Versus 1. Phauru Lal S/o Birdhi Lal, R/o Delunda Tehsil Talera Distt Bundi Rajasthan. (Driver And Owner Of Motor Cycle No Rj-08/d.s-7939) 2. United India Insurance Co. Ltd, Through Its Regional Manager At Regional Office Nbcc Center, Bima Bhawan Shakar Marg, Jyoti Nagar, Jaipur. (Insurance Co. Of Motor Cycle No. Rj-08/d.s-7939) ----Respondents For Appellant(s) : Mr. Amit Sharma for Mr. Sunil Jain For Respondent(s) : Mr. Chanderdeep Singh Jodha HON'BLE MR. JUSTICE SANDEEP TANEJA Judgment 20/04/2026 1. The present appeal has been filed against the judgment and award dated 04.09.2025 passed by the learned Motor Accident Claims Tribunal No. 1, Bundi (for short ‘Tribunal’) in Claim Case No.88/2024 (CIS No. 88/2024) whereby the claim petition filed by the claimants-appellants (for short ‘claimants’) was partly allowed. 2. The brief facts giving rise to the present appeal are that the claimants filed a claim petition before the learned Tribunal stating therein that on 22.11.2023, while Jodhraj (since deceased) was [2026:RJ-JP:16662] (2 of 5) [CMA-705/2026] traveling as a pillion rider on a motorcycle, bearing registration No.RJ-08-DS-7939, the respondent No.1 drove the said motorcycle in a rash and negligent manner, due to which the motorcycle collided with a bull, as a result of which Jodhraj sustained injuries and subsequently died. 3. The learned Tribunal, vide impugned judgment and award, partly allowed the claim petition and awarded a total compensation of Rs. 18,17,222/- in favour of the claimants, along with interest @ 6% per annum from the date of filing of the claim petition. 4. Being dissatisfied with the aforesaid judgment and award, the claimants have preferred the present appeal seeking enhancement of the compensation so awarded. 5. Learned counsel for the claimants has made the following submissions:- (i) While calculating the monthly income of the deceased on the basis of minimum wages notified by the State of Rajasthan for an unskilled worker for the relevant period, the learned Tribunal has erred in taking 26 days in a month, however, the monthly income ought to have been calculated by taking 30 days in a month. (ii) In light of the principles laid down by the Hon’ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680, two increments @ 10% each should also be granted in the compensation under the three conventional heads, namely, loss of consortium, funeral expenses, and loss of estate. [2026:RJ-JP:16662] (3 of 5) [CMA-705/2026] 6. Per contra, learned counsel for the Insurance Company has opposed the submissions made by learned counsel for the claimants and submitted that the award passed by the learned Tribunal is just and fair; therefore, no interference by this Court is warranted. 7. Heard learned counsel for the parties and perused the impugned judgment and award. 8. The first contention raised by the learned counsel for the claimants is that the calculation of the monthly income of the deceased should be made by taking 30 days in a month. 8.1 A bare perusal of the impugned judgment and award reveals that the learned Tribunal has calculated the monthly income of the deceased at Rs.7410/- by taking 26 days in a month, on the basis of minimum wages of Rs.285/- per day, payable to an unskilled worker. 8.2 In this regard, the Co-ordinate Benches of this Court, in Jalaur Singh and Ors. Vs. Barkat and Ors., S.B. Civil Misc. Appeal No. 6562/2011, decided on 26.03.2012, and Nandu Devi and Ors. Vs. Sonhanlal and Ors., S.B. Civil Misc. Appeal No. 769/2017, decided on 23.02.2022, have held that the calculation of the monthly income of the deceased, on the basis of minimum wages, is required to be made by taking 30 days in a month. 8.3 In view of the above legal position, the learned Tribunal was not justified in assessing the monthly income of the deceased by taking 26 days in a month. 8.4 Undisputedly, in the present case, the minimum wages payable to an unskilled worker at the time of the accident, as notified by the State of Rajasthan, were Rs.285/- per day. [2026:RJ-JP:16662] (4 of 5) [CMA-705/2026] Therefore, the monthly income of the deceased would be Rs.8,550/- (Rs.285/- x 30) instead of Rs.7,410/-, and the loss of dependency shall be calculated on the basis of the said monthly income. 9. In so far as the second contention raised by the learned counsel for the claimants regarding increments in the compensation under the three conventional heads is concerned, this court observes that though the learned Tribunal has awarded compensation under the three conventional heads, namely, loss of consortium, loss of estate, and funeral expenses but has failed to grant two increments each @10% in the said heads. 9.1 Since six years have elapsed from the date of judgment in Pranay Sethi (supra) i.e. 31.10.2017 till the date of accident, i.e., 22.11.2023, therefore, in terms of the said judgment, two increments each @ 10% will be applied in the compensation awarded under the three conventional heads. 9.2 Accordingly, the claimants are entitled to compensation of Rs.2,40,000/- (48,000/- to each of the claimants) towards loss of consortium, Rs.18,000/- towards funeral expenses and Rs.18,000/- towards loss of estate. 10. In view of the above, the compensation awarded by the learned Tribunal is recomputed as under:- S.No. Particular Amount assessed 1. Monthly Income Rs.285 x 30 = Rs.8,550/- 2. Annual Income Rs. 8,550 X 12 = Rs. 1,02,600/- 3. According to the age of the deceased i.e. about 28 years, multiplier of 17 to be applied Rs. 1,02,600 x 17 = Rs.17,44,200/- [2026:RJ-JP:16662] (5 of 5) [CMA-705/2026] 4. As per dependency, 1/4 income to be deduced for personal expenses of the deceased (-) Rs.17,44,200 – 4,36,050/- = Rs.13,08,150/- 5. Add 40% towards future prospects (+) Rs.13,08,150 + 5,23,260/- = Rs.18,31,410/- 6. Loss of Consortium (five dependents) Rs.2,40,000/- 7. Loss of Estate Rs.18,000/- 8. Funeral Expenses Rs.18,000/- Total Compensation (S.No.5+6+7+8) Rs. 21,07,410/- Less amount awarded by the Tribunal (-) Rs.18,17,222/- Enhanced amount of compensation Rs.2,90,188/- 11. Accordingly, the compensation awarded by the learned Tribunal is enhanced by Rs.2,90,188/-.The Insurance Company is directed to deposit the enhanced amount within a period of two months from today. The rest of the impugned award shall remain intact. 12. It is directed that the enhanced amount shall carry interest at the same rate as awarded by the learned Tribunal, from the date of filing of the claim petition. The enhanced amount shall be disbursed in terms of the award passed by the learned Tribunal. 13. The present appeal stands disposed of in the above terms. 14. All pending applications, if any, also stand disposed of. (SANDEEP TANEJA),J SKS/32