[2026:RJ-JP:16476] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4730/2025 1. Sita Devi W/o Shankarlal, aged about 45 Years 2. Shankarlal Bairwa S/o Ramlal, aged about 49 Years, All above are R/o Radhavallabhpura, Thana Mehandwas, District Tonk, At Present R/o Alanpur, Tehsil and District of Sawai Madhopur ----Appellants Versus 1. United India Insurance Company Limited, through Branch Manager, Branch Office, Door No. 20B, First Floor, Indra Colony, Sawai Madhopur (Vehicle Insurer Motorcycle No. RJ 26-ES-5959) 2. Khalid S/o Sadiq, R/o Sheru Bhai Ki Gali, Tal Katora, Tonk (Driver Of Vehicle Motorcycle No. RJ25-AS-3425) 3. Sibgatullah Khan S/o Sadatullah Khan, R/o Babadi Road in front of Sayyedo Ki Maszid, Tonk (Vehicle Owner Motorcycle No. RJ 26-ES-5959) ----Respondents For Appellant(s) : Mr. Avinash Dhanju, Ms. Sunita Chaudhary and Mr. Bhadar Singh for Mr. Praveen Kumar Jain For Respondent(s) : Mr. Tripurari Sharma Mr. Bhupendra Singh HON'BLE MR. JUSTICE SANDEEP TANEJA Judgment 18/04/2026 1. The present appeal has been filed against the judgment and award dated 17.07.2025 passed by the learned Motor Accident Claims Tribunal, Sawai Madhopur (Rajasthan) (for short ‘Tribunal’) in MAC Case No. 206/2024 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 [2026:RJ-JP:16476] (2 of 5) [CMA-4730/2025] therein that on 09.05.2024, while Ranjeet Bairwa (since deceased) was travelling from his village to Sirohi on his motorcycle bearing registration No.RJ-26-SB-5311, at around 9:00 PM, respondent No.2 who was driving another motorcycle bearing registration No.RJ-26-ES-5959, in a rash and negligent manner, hit his motorcycle from behind, as a result, he sustained serious 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.12,15,392/- 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) The learned Tribunal has not awarded any compensation towards loss of estate. (iii) 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 [2026:RJ-JP:16476] (3 of 5) [CMA-4730/2025] increments each @ 10%, should also be granted in the compensation under the three conventional heads, namely, loss of consortium, funeral expenses, and loss of estate. 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 material available on record. 8. The first issue 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 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. 8.2 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. 8.3 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. 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 [2026:RJ-JP:16476] (4 of 5) [CMA-4730/2025] dependency shall be calculated on the basis of the said monthly income. 9. The second issue raised by the learned counsel for the claimants is that no compensation has been awarded towards loss of estate. In light of the guidelines laid down in Pranay Sethi (supra), this Court deems it just to award compensation to the claimants under the head of loss of estate. 10. In so far as the last issue raised by learned counsel for the claimants regarding increments in the compensation towards three conventional heads is concerned, it is noted that more than 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., 09.05.2024. Therefore, in terms of the said judgment, two increments each @ 10% will be applied in the compensation awarded under the three conventional heads. 10.1 Accordingly, the claimants are entitled to get compensation of Rs.96,000/- (Rs.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. 11. 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 23 years, multiplier of 18 to be applied Rs.1,02,600 x 18 = Rs.18,46,800/- 4. As per dependency, 1/2 income to be deduced for Rs.18,46,800 - 9,23,400/- [2026:RJ-JP:16476] (5 of 5) [CMA-4730/2025] personal expenses of the deceased (-) = Rs.9,23,400/- 5. Add 40% towards future prospects (+) Rs.9,23,400 + 3,69,360/- = Rs.12,92,760/- 6. Loss of Consortium (two dependents) Rs.96,000/- 7. Loss of Estate Rs.18,000/- 8. Funeral Expenses Rs.18000/- Total Compensation (S.No.5+6+7+8) Rs. 14,24,760/- Less amount awarded by the Tribunal (-) Rs.12,15,392/- Enhanced amount of compensation Rs.2,09,368/- 12. Accordingly, the compensation awarded by the learned Tribunal is enhanced by Rs.2,09,368/-.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. 13. 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. 14. The present appeal stands disposed of in the above terms. 15. All pending applications, if any, also stand disposed of. 16. The Registry is directed to send back the record of the case to the concerned Tribunal forthwith. (SANDEEP TANEJA),J SKS/29