[2026:RJ-JP:7754] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3726/2007 1. Smt. Shakuntala wife of late Shri Rajesh Kumar, aged about 27 years, Resident of Khedi Devi Singh, Tehsil Nadbai District Bharatpur, Raj. 2. Kumari Tannu aged about 6 years, daughter of Rajesh Kumar (minor) 3. Kumari Mannu aged about 3 years. 4. Bhure alias Ankur aged about 6 months (Appellant No.2 to 4 are minor through their natural guardian mother Shakuntala Devi, Resident of Kehi Devi Singh, Tehsil Nadbai Dist. Bharatpur, Raj. 5. Dayal Singh son of Shri Sundar Singh, aged about 56 years. 6. Smt. Phoolwati wife of Dayal Singh, aged 45, appellant No.5 and 6 are Resident of Kehi Devi Singh, Tehsil Nadbai Dist. Bharatpur, Raj. ----Appellants Versus 1. Ambrish Gupta son of Shri B.L. Gupta, Resident of Krishna Colony, Dist. Murena, M.P. at present resident of 2/9, Transport Nagar, Area U.P. (owner of the Truck No.MP 06-E-5822) 2. Siyaram son of Shri Ramkishan, Resident of Village Bisalpur Police Station Kagarol, Agra, U.P. 3. The Oriental Insurance Co. Ltd. Through Branch Manager, Nai Mandi, Station Road, Bharatpur, Raj. ----Respondents For Appellant(s) : Mr. Karan Pal Singh For Respondent(s) : Mr. Nemi Chand Jain JUSTICE ANOOP KUMAR DHAND Judgment 18/02/2026 1. By way of filing the present appeal, a challenge has been made to the impugned judgment and award dated 14th May, 2007 [2026:RJ-JP:7754] (2 of 5) [CMA-3726/2007] passed by the Motor Accidents Claims Tribunal (Special Court, Da- coity Affected Area), Bharatpur, (hereinafter referred to as ”the Tribunal”) in MAC case No. 35/2006 by which the claim petition submitted by the claimants-appellants (for short “claimants”), has been partly allowed and the respondents have been directed to pay a lump sum amount of compensation of Rs. 3,74, 200/- to the claimants. 2. Learned counsel for the claimants submits that an accident occurred on 28.11.2005, wherein the husband of the claimant No.1 and father of claimant Nos.2 to 4 and son of claimant Nos.5 and 6 passed away on account of the rash and negligent driving of the vehicle i.e. truck bearing registration No. MP 06 E 5822. Learned counsel submits that a claim petition was submitted be- fore the Tribunal seeking suitable amount of compensation, but a very inadequate amount of compensation has been granted which needs suitable enhancement by this Court. 3. Learned counsel submits that at the time of the death of the deceased his age was 25 years but the multiplier of 17 has been applied, which should have been applied as 18. Learned counsel submits that the claimants were dependants on the income of the deceased and they were six in numbers. In spite of above, the de- duction has been made as 1/3rd instead of 1/4th. He further sub- mits that each claimants are entitled to get a sum of Rs. 40,000/- each under the head of loss of consortium and the claimants are further entitled to get 40% amount towards future prospects and they are entitled to get Rs.15,000/- for the funeral expenses and Rs.15,000/- towards loss of estate. Hence, under these circum- [2026:RJ-JP:7754] (3 of 5) [CMA-3726/2007] stances, appropriate directions be issued to the respondents to pay the enhanced amount of compensation to the claimants. 4. Per contra, learned counsel appearing on behalf of the re- spondents-Insurance Company opposes the arguments raised by the counsel for the claimants and submits that considering the overall facts and circumstances of the case, appropriate and suit- able amount of compensation has been awarded to the claimants under all the heads. Hence, under these circumstances interfer- ence of this Court is not warranted and the instant appeal is liable to be rejected. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. Perusal of the record indicates that at the time of the afore- said accident, the age of the deceased Rajesh Kumar was 25 years as per the judgment passed by the Hon’ble Apex Court in the Case of Sarla Verma (SMT.) & Ors. Versus Delhi Transport Corpo- ration & Anr. reported in (2009) 6 SCC 121, the deceased was fall within the age group of 21 to 25 years. Hence the multiplier of 18 should have been applied by the Tribunal but in the instant case the multiplier of 17 has been applied. 7. Looking to the fact that the total number of claimants who are dependants on the deceased are six in numbers. Hence, the deduction should have been made as 1/3rd instead of 1/4th in the light of the judgment passed by the Hon’ble Apex Court in the case of Sarla Verma (supra). 8. Similarly, each of the claimants are entitled to get an amount of Rs. 40,000/- under the head of loss of consortium separately in [2026:RJ-JP:7754] (4 of 5) [CMA-3726/2007] the light of the judgment passed by the Hon’ble Apex Court in the case of National Insurance Company Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680 and they are further entitled to get an addition towards future prospects @ 40 % looking to the age of the deceased which was below 40 years i.e. 25 years at the time of the accident. At the same time, a lump sum amount of Rs. 40,000/- for loss of estate and a sum of Rs. 15,000/- for funeral expenses. 09. Considering the overall facts and circumstances of the case, the impugned judgment and award is enhanced in the following terms:- Annual Income (along with 40% future prospects) Rs. 2700 X 12 = Rs. 32,400/- 32,400 + 12,960 = Rs. 45,360/- Multiplier to be applied 18 Rs. 45,360 X 18 = Rs. 8,16,480/- Deduction toward personal and liv- ing expenses of the deceased (1/4th) Rs. 8,16,480 X 3/4 = Rs. 6,12,360/- Loss of consortium Rs. 40,000 X 6 = Rs. 2,40,000/- Loss of Estate Rs. 15,000/- Funeral Expense Rs. 15,000/- Total compensation awardable Rs. 8,82,360/- Less amount awarded by the tri- bunal Rs. 3,74,200/- Enhanced compensation amount Rs. 5,08,160/- 10. With the aforesaid observations and directions, the instant civil misc. appeal stands disposed of and the impugned award passed by the Tribunal stands modified to the extent that the claimant is entitled to get a sum of Rs. 5,08,160/- by way of en- [2026:RJ-JP:7754] (5 of 5) [CMA-3726/2007] hanced compensation and the remaining terms and conditions of the impugned award shall remain intact. 11. It is further ordered that out of the enhanced compensation amount, a sum of Rs.50,000/- be deposited in the Savings Bank Account of the claimant No.1 and the remaining amount be de- posited in a fixed deposit with any Nationalized Bank initially for a period of three years and the interest accrued on the said amount shall be paid to the claimant on monthly basis. 12. The respondents are directed to deposit the enhanced amount within a period of four weeks from today with interest @6% per annum from the date of filing of the claim petition. 13. Pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Rinchu/4