[2026:RJ-JP:12325] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1515/2018 1. Smt. Seema Devi W/o Late Shri Ghewarchand, R/o Ward No. 1, Mataji Ka Badiya, Mangliyawas, Tehsil Pisangan, District Ajmer Rajasthan 2. Kumari Alisha D/o Late Shri Ghewarchand Minor Through Their Natural Guardian And Mother, R/o Ward No.1, Mataji Ka Badiya,mangliyawas, Tehsil Pisangan, District Ajmer Rajasthan 3. Master Akshay S/o Late Shri Ghewarchand Minor Through Their Natural Guardian And Mother, R/o Ward No. 1, Mataji Ka Badiya, Mangliyawas, Tehsil Pisangan, District Ajmer Rajasthan 4. Kumari Lakita D/o Late Shri Ghewarchand Minor Through Their Natural Guardian And Mother, R/o Ward No. 1, Mataji Ka Badiya, Mangliyawas, Tehsil Pisangan, District Ajmer Rajasthan 5. Jeevanram S/o Late Shri Chothruram, R/o Ward No. 1, Mataji Ka Badiya, Mangliyawas, Tehsil Pisangan, District Ajmer Rajasthan 6. Smt. Sampati Devi W/o Shri Jeevanram, R/o Ward No. 1, Mataji Ka Badiya, Mangliyawas, Tehsil Pisangan, District Ajmer Rajasthan ----Appellants Versus 1. Anil Kumar S/o Shri Ramkumar, R/o Lalpur, Jhunjhunu, District Jhunjhunu Rajasthan Driver Vehicle Innova Car No. Rj 14 Ta 9792 2. Sarjeet Singh S/o Shri Madan Singh Rathore, R/o 453, Jaswant Nagar, Khatipura, Jaipur Rajasthan Owner Vehicle Innova Car No. Rj 14 Ta 9792 3. The Oriental Insurance Company Limited Through Divisional Manager, Divisional Office Near Gujarati Senior Secondary School, Kutchery Road, Ajmer Rajasthan ----Respondents For Appellant(s) : Mr. Vinay Mathur For Respondent(s) : Ms. Raj Sharma HON'BLE MR. JUSTICE SANDEEP TANEJA Order 24/03/2026 1. The present appeal has been filed by the claimants-appellants (for short ‘the claimants’) under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 08.12.2017 passed by learned Judge, Motor Accident Claims Tribunal, Ajmer (for short [2026:RJ-JP:12325] (2 of 5) [CMA-1515/2018] ‘Tribunal’) in M.A.C. Case No.101/2016, whereby the claim petition filed by the claimants was partly allowed. 2. The brief facts of the case are that the claimants filed a claim petition before the learned Tribunal, stating therein that on 07.12.2015, when Ghewar Chand was riding his motorcycle, bearing registration No. RJ-01-SU-6528, he was hit by a Innova Car, bearing registration No. RJ-14-TA-9792, being driven by respondent No.1 herein in a rash and negligent manner, resulting into death of Ghewar Chand. 2.1 The claimants claimed compensation to the tune of Rs.91,08,000/- under various heads. 2.2 On the basis of pleadings of the parties, the learned Tribunal framed five issues and after evaluating the evidence on record, the claim petition was partly allowed and compensation of Rs.11,22,640/- was awarded, in favour of the claimants, along with interest @ 6% per annum payable thereon from the date of filing the claim petition till its actual payment. 3. Being aggrieved by and dissatisfied with the impugned judgment and award dated 08.12.2017, the present appeal has been filed by the claimants seeking enhancement of compensation so awarded. 4. Learned counsel for the claimants has made the following submissions:- (i) The learned Tribunal has erred in assessing the income of the deceased as Rs.4,914/- per month, whereas the minimum wages prevalent as on the date of accident, were Rs.197/- per day and accordingly, the monthly income should have been assessed as Rs.5,910/-. (ii) The learned Tribunal has granted a lump-sum amount of Rs.40,000/- as compensation under the head of loss of consortium, [2026:RJ-JP:12325] (3 of 5) [CMA-1515/2018] whereas each of the claimants is entitled to get Rs.40,000/- under the said head. 4.1 Learned counsel for the claimants relied upon the following judgments passed by the Hon'ble Supreme Court:- 1. National Insurance Company Ltd. v. Pranay Sethi, reported in (2017) 16 SCC 680. 2. Magma General Insurance Company Ltd. v. Nanu Ram @ Chuhru Ram & Ors., reported in (2018) 18 SCC 130. 5. Per contra, learned counsel for the respondents has opposed the submissions made by learned counsel for the claimants and submitted that the award is just & reasonable and requires no interference by this Court. 6. Heard learned counsel appearing for both the parties and perused material available on record. 7. The grievance of the claimants, with respect to assessment of income, is that the learned Tribunal erred in not taking the correct minimum wages which were prevalent at the relevant time. It is undisputed that the minimum wages as applicable on the date of accident were Rs.197/- per day. The income of the deceased, therefore, for the purpose of calculation of loss of dependency, is required to be calculated on the basis of the said wages. 8. As such the learned Tribunal was not justified in assessing the monthly income of the deceased as Rs.4,914/-. The monthly income of the deceased, as per the minimum wages notified by the State Government i.e. Rs.197/- per day, would be Rs.5,910/-. 9. Further, in view of the principles laid down by the Hon’ble Supreme Court in the cases of Pranay Sethi (supra) and Nanu Ram (supra), this Court is of the opinion that each of the claimants is entitled [2026:RJ-JP:12325] (4 of 5) [CMA-1515/2018] to get compensation of Rs.40,000/- under the head of loss of consortium. Since, there are six claimants, thus, the total compensation under the said head would be Rs.2,40,000/- (Rs.40,000/- x 6). 10. In view of the above discussion, the claimants are entitled to get the compensation as under:- S.No. Particular Amount assessed 1. Monthly Income Rs.197 x 30 = Rs.5,910/- 2. Annual Income Rs. 5,910 X 12 = Rs.70,920/- 3. According to the age of the deceased i.e. 27 years, multiplier of 17 to be applied Rs.70,920 x 17 = Rs.12,05,640/- 4. As per dependency, 1/4th income to be deduced for personal expenses of the deceased (-) Rs.12,05,640/- – Rs.3,01,410/- = Rs.9,04,230/- 5. Add 40% towards future prospects (+) Rs. 9,04,230/- + Rs.3,61,692/- = Rs.12,65,922/- 6. Total loss of income Rs.12,65,922/- 7. Loss of consortium Rs.2,40,000/- 8. Loss of estate Rs.15,000/- 9. Loss of funeral expenses Rs.15,000/- Total Compensation Rs.15,35,922/- Less amount awarded by the Tribunal (-) Rs.11,22,640/- Enhanced amount of compensation Rs.4,13,282/- 11. Accordingly, the compensation amount awarded by the learned Tribunal is enhanced by Rs.4,13,282/-. Rest of the impugned award shall remain intact. The respondents are directed to deposit the enhanced amount within a period of two months from today. 12. It is directed that the enhanced amount shall carry the rate of interest in terms of the award passed by the learned Tribunal, from the [2026:RJ-JP:12325] (5 of 5) [CMA-1515/2018] 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 is disposed of in the above terms. 14. All pending applications, if any, also stand disposed of. (SANDEEP TANEJA),J SAHIL SONI /23