[2026:RJ-JP:11574] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1101/2016 1. Santosh Devi W/o Late Shri Vinod Kumar Saini Aged 29 years 2. Master Bhavesh Saini S/o Lt. Shri Vinod Kumar Saini, Aged 5 years, through Natural Guardian Santosh Devi 3. Ku. Pooja Saini D/o Lt. Shri Vinod Kumar Saini, Aged 3 years, through Natural Guardian Santosh Devi 4. Gokul Chand Saini S/o Lt. Shri Balu Ram Saini, Aged 72 years 5. Maina Devi W/o Gokul Chand Saini, Aged 67 years. All are Resident of Ward No.21, Nawalgarh, Distt. Jhunjhunu, Presently residing at 86, Rail Nagar, Post Shyam Nagar, Jaipur, Rajasthan. ----Claimants/Appellants Versus 1. Vikram Singh S/o Sh. Gyani Ram, R/o Ward No.12, Near Naya Bazar, Nawalgar, Distt. Jhunjhunu, Rajasthan (Driver of Motor Cycle No.RJ18-SJ-6253). 2. Pradeep Singh S/o Sh. Mohan Singh, Ward No.12, Near Naya Bazar, Nawalgarh, Distt. Jhunjhunu, Rajasthan (Owner of Motor Cycle No. RJ18-SJ-6253) 3. National Insurance Company Ltd. Beema Bhawan, Ambedkar Circle, Police Station Ashok Nagar, Jaipur through Regional Manager (Insurer of Motor Cycle No.RJ18-SJ-6253) ----Non-Claimants/Respondents For Appellant(s) : Mr. Vikas Kabra with Mr. Hitansh Sharma For Respondent(s) : Mr. Vinod Tyagi HON'BLE MR. JUSTICE SANDEEP TANEJA Order 18/03/2026 1. The present appeal has been filed by the claimants-appellants (for short “the appellants”) under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the learned Judge, Motor Accident Claims Tribunal, Jaipur No.1, Jaipur Metropolitan, Jaipur (Rajasthan), vide judgment and award dated [2026:RJ-JP:11574] (2 of 4) [CMA-1101/2016] 17.10.2015, in MAC Case No.233/2014, whereby the claim petition filed by the appellants was partly allowed. 2. The brief facts of the case, as pleaded in the claim petition, are that on 13.01.2014, while Vinod Kumar Saini was going to Dhayalo Ki Dhani, he was hit by a motorcycle bearing Registration No. RJ18-SJ-6253, being driven in rash and negligent manner, as a result of the said accident, he died. 2.1 The appellants filed a claim petition before the learned Tribunal, which was partly allowed and a total sum of Rs.13,29,720/- along with interest @ 6% per annum was awarded in favour of the appellants. 2.2 Being aggrieved by the impugned judgment and award dated 17.10.2015, the present appeal has been filed by the appellants. 3. Learned counsel for the appellants has submitted that the learned Tribunal has erred in not granting compensation under the head of loss of consortium, funeral expenses and loss of estate, as per the principles laid down by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi [(2017) 16 SCC 680]. 4. Learned counsel for the respondents has opposed the submissions made by learned counsel for the appellant hereinabove and has submitted that the award is just and reasonable and requires no interference by this Court. 5. Heard learned counsel appearing for both the parties and perused material available on record. 6. In light of the principles laid down by the Hon’ble Supreme Court in the case of Pranay Sethi (supra), this Court is of the opinion that:- i. Since, the deceased was of 31-32 years of age at the time of occurrence of accident, therefore, addition @ 40% in the [2026:RJ-JP:11574] (3 of 4) [CMA-1101/2016] income of the deceased should be made towards future prospects. ii. Further, the learned Tribunal has awarded only Rs.10,000/- towards funeral expenses, however, compensation under the said head should be Rs. 15,000/-. iii. As no amount has been awarded towards loss of estate, the claimants are also entitled to Rs.15,000/- under the said head. iv. Lastly, as per the principles laid down in the case of Magma General Insurance Company Ltd. v. Nanu Ram @ Chuhru Ram & Ors. [(2018) 18 SCC 130], each of the five appellants are entitled to get Rs.40,000/- under the head of loss of consortium and accordingly, the total compensation under the said head would amount to Rs.2,00,000/-. 7. Thus, in view of the above discussion, the appellants are entitled to get the compensation as under:- S.No. Particular Amount assessed 1. Monthly Income Rs.189 x 30 = Rs.5670/- 2. Annual Income Rs. 5670 X 12 = Rs.68,040/- 3. According to the age of the deceased i.e. 31-32 years, multiplier of 16 to be applied Rs.68,040 x 16 = Rs.10,88,640/- 4. As per dependency of claimant Nos. 1 to 5, 1/4th income to be deduced for personal expenses of the deceased (-) Rs.10,88,640 - Rs.2,72,160 = Rs.8,16,480/- 5. Add 40% towards future prospects (+) Rs.8,16,480 + Rs.3,26,592 = Rs.11,43,072/- 6. Total loss of income Rs.11,43,072/- 7. Loss of consortium Rs.2,00,000/- 8. Loss of estate Rs.15,000/- 9. Loss of funeral expenses Rs.15,000/- Total Compensation Rs.13,73,072/- [2026:RJ-JP:11574] (4 of 4) [CMA-1101/2016] Less amount awarded by the Tribunal (-) Rs.13,29,720/- Enhanced amount of compensation Rs.43,352/- 8. Accordingly, the compensation amount awarded by the learned Tribunal is enhanced by Rs.43,352/-. The respondents are directed to deposit the enhanced amount within a period of one month from today. The remaining terms and conditions of the impugned award shall remain intact. 9. 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 date of filing of the claim petition till the recovery. The amount shall be disbursed in terms of the award passed by the learned Tribunal. 10. Accordingly, the award dated 17.10.2015, learned Judge, Motor Accident Claims Tribunal, Jaipur No.1, Jaipur Metropolitan, Jaipur (Rajasthan) in Accident Case No.233/2014, is partly modified. 11. The present appeal is disposed of in the above terms. 12. All pending applications, if any, also stand disposed of. 13. Registry is directed to send back the record to the concerned Tribunal forthwith. (SANDEEP TANEJA),J SAHIL SONI /89