Rajasthan High Court – Jaipur
Smt Indra Devi And Others vs Kanhiya Lal Raigar And Others … on 24 April, 2026
[2026:RJ-JP:17396]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 36/2016
1. Smt Indra Devi W/o late Shri Sukhdev, aged 33 years
2. Suresh S/o late Shri Sukhdev, aged 15 years
3. Ramesh S/o late Shri Sukhdev, aged 13 years
4. Sonu S/o late Shri Sukhdev, aged 11 years
5. Smt. Sarju Devi W/o Shri Kanaram, aged 68 years
6. Kanaram S/o late Shri Bhura Ram, aged 63 years.
No. 2 to 4 minors through their natural guardian and mother
Smt. Indra Devi W/o late Shri Sukhdev, aged 33 years.
Residents of Gurjaro Ka Bada, Kishangarh, District - Ajmer.
Claimants----Appellants
Versus
1. Kanhiya Lal Raigar S/o Shri Bhanwar Lal Raigar, R/o village
Silora, Tehsil Kishangarh, District - Ajmer. (Driver)
2. Ganga Singh S/o Shri Indra Singh, R/o Village Buhada
Mundolav, Tehsil Kishangarh, District - Ajmer (Raj.). (Owner)
3. The Iffco Tokiyo General Insurance Co. Limited, Regional
Office, 8, Katewa Bhawan, Opposite Ganpati Plaja, M.I. Road,
Jaipur, through Regional Manager.
Non-Claimants----Respondents
For Appellant(s) : Mr. Kapil Sharma, for
Mr. Sandeep Mathur
For Respondent(s) : Mr. Ritesh Jain with
Dr. Ramdeo Arya
HON’BLE MR. JUSTICE SANDEEP TANEJA
Judgment
24/04/2026
1. The present appeal has been filed by the appellants-
claimants (for short ‘claimants’) under section 173 of the Motor
Vehicle Act, 1988 against the judgment and award dated
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[2026:RJ-JP:17396] (2 of 5) [CMA-36/2016]
17.08.2015 passed by the learned Motor Accident Claims Tribunal,
Jaipur and Rajasthan State Cooperative Tribunal, Jaipur (for short
‘Tribunal’) in M.A.C. Case No.149/2014 (491/2012) 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, claiming a compensation of
Rs.28,78,800/-, on account of death of Shri Sukhdev in a road
accident took place on 03.11.2010, while he was travelling on a
motorcycle bearing registration No.RJ-01-SF-8198. During the
accident, Sukhdev sustained grievous injuries and later on died on
16.11.2010.
3. The learned Tribunal, vide impugned judgment and award,
partly allowed the claim petition and awarded a compensation of
Rs.4,05,000/- in favour of the claimants, along with interest @9%
per annum from the date of filing of the claim petition till
payment.
4. Being dissatisfied with the impugned judgment and award,
this appeal has been preferred by the claimants seeking
enhancement of the compensation so awarded.
5. Learned counsel for the claimants has made the following
submissions:-
i. While calculating the loss of dependency, the learned
Tribunal has erred by not making any addition in the income
of deceased towards future prospects.
ii. The learned Tribunal has deducted 1/3rd of the income of
deceased towards his personal expenses, however, since the
number of dependants on deceased at the time of accident
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[2026:RJ-JP:17396] (3 of 5) [CMA-36/2016]were six, therefore, deduction of 1/4th should have been
made.
iii. Lastly, the compensation under the three conventional
heads, i.e., loss of consortium, loss of estate and funeral
expenses should also be reassessed.
6. Per contra, learned counsel for respondents has opposed the
submissions made by learned counsel for the claimants and has
submitted that the award passed by the learned Tribunal is just
and proper, and requires no interference by this Court.
7. Heard learned counsel for the parties and perused the
impugned judgment and award.
8. In view of the principles laid down by the Hon’ble Supreme
Court in the cases of National Insurance Company Ltd. Vs.
Pranay Sethi reported in (2017) 16 SCC 680 and Magma
General Insurance Company Vs. Nanuram @ Chuhru Ram &
Ors. reported in (2018) 18 SCC 130, this Court is in agreement
with the submission made by learned counsel for the claimants.
Hence, the compensation as awarded by the learned Tribunal
deserves to be enhanced in the following terms:-
i. The learned Tribunal noted that at the time of accident, the
age of the deceased was 36 years. Therefore, while
calculating the compensation towards loss of dependency,
addition @40% will be made in the income of the deceased
towards future prospects.
ii. The learned Tribunal deducted 1/3rd of the income of the
deceased towards his personal expenses. Undisputedly, at
the time of accident, there were six dependants on the
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[2026:RJ-JP:17396] (4 of 5) [CMA-36/2016]deceased, therefore, 1/4th of his income would be deducted
towards his personal expenses.
iii. Under the head of loss of consortium, each of the claimants
is entitled to get compensation of Rs.40,000/- separately.
iv. The claimants are also entitled to Rs.15,000/- under the
head of loss of estate.
v. The learned Tribunal has awarded Rs.2000/- towards funeral
expenses, however, the claimants are entitled for a
compensation of Rs.15,000/- towards the same.
9. As a result of the above discussion, the compensation
payable to the claimants is re-computed as under:-
S.No. Particular Amount assessed
1. Monthly Income Rs.3,300/-
2. Annual Income Rs.3,300 x 12 = Rs.39,600/-
3. According to the age of the
deceased i.e. 36 years, Rs.39,600 x 15
multiplier of 15 to be
applied = Rs.5,94,000/-
4. Add 40% towards future Rs. 5,94,000 + Rs.2,37,600
prospects (+)
= Rs.8,31,600/-
5. As per dependency, 1/4th
Rs.8,31,600 ‒ Rs.2,07,900
of the income to be
deduced for personal = Rs.6,23,700/-
expenses of deceased (-)
6. Loss of consortium Rs.40,000 x 6
(six dependants)
= Rs.2,40,000/-
7. Loss of Estate Rs.15,000/-
8. Funeral Expenses Rs.15,000/-
Total compensation Rs.8,93,700/-
(S.No.5+6+7+8)
Less amount awarded by Rs.4,05,000/-
the Tribunal (-)
Enhanced amount of Rs.4,88,700/-
compensation
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[2026:RJ-JP:17396] (5 of 5) [CMA-36/2016]
10. Accordingly, the compensation awarded by the learned
Tribunal is enhanced by Rs.4,88,700/-. The 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.
11. 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.
12. The present appeal is disposed of in the above terms.
13. All pending applications, if any, also stand disposed of.
(SANDEEP TANEJA),J
21 – RAVI KHANDELWAL
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