Rajasthan High Court
CMA/5215/2024 of GANESH S/O KESARLAL Vs HARIKISHAN S/O LAXMAN on 18 March 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5215/2024 1. Ganesh S/o Kesarlal, Aged About 49 Years, R/o Saunva, Tehsil Tonk, District Tonk (Rajasthan). 2. Nathi W/o Ganesh, Aged About 48 Years, R/o Saunva, Tehsil Tonk, District Tonk (Rajasthan). ----Appellants
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5215/2024
1.
Ganesh S/o Kesarlal, Aged About 49 Years, R/o Saunva, Tehsil Tonk, District Tonk (Rajasthan).
2.
Nathi W/o Ganesh, Aged About 48 Years, R/o Saunva, Tehsil Tonk, District Tonk (Rajasthan).
----Appellants
Versus
1.
Harikishan S/o Laxman, R/o Ward No. 17, Nainwa, Tehsil Nainwa, District Bundi And B-17, Tirupati Nagar, Near Cbi Colony, Jagatpura, Jaipur (Rajasthan) Driver And Owner Of Car No. Rj45-Cj-2630.
2.
National Insurance Company Limited, Office Chandresh Bhawan, Jaipur Road, Chhawani, Tonk.
----Respondents
For Appellant(s)
:
Mr. Ram Singh Rathore
For Respondent(s)
:
Mr. Sandeep Jain
HON'BLE MR. JUSTICE SANDEEP TANEJA
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Order
18/03/2026
1. This appeal has been filed under section 173 of Motor Vehicle Act, 1988 seeking enhancement of compensation awarded, vide impugned judgment and award dated 12.09.2024, by the learned Motor Accidents Claim Tribunal, Tonk (for short ‘the learned Tribunal’) in Claim Petition No.117/2023, whereby the claim petition filed by the claimants- appellants (hereinafter referred to as ‘the claimants’) was partly allowed by awarding compensation of Rs. 13,04,940/- along with interest @ 7% per annum, in favour of the claimants.
2. The sole issue raised by the learned counsel for the claimants is that the learned Tribunal has erred in not granting compensation under the head of loss of consortium as per the principles laid down by the Hon'ble Supreme Court in the cases of National Insurance Company Ltd. Vs. Pranay Sethi reported
(2 of 3) [CMA-5215/2024] in (2017) 16 SCC 680 and Magma General Insurance Company Vs. Nanuram @ Chuhru Ram & Ors. reported in (2018) 18 SCC 130, wherein it was held that each dependant is entitled to get compensation of Rs.40,000/- for the loss of consortium. Therefore, the amount of loss of consortium ought to have been awarded to both the claimants separately, however, the learned Tribunal has awarded a lump sum amount of Rs.48,000/- as compensation under the said head. He has further submitted that the compensation under the said head should also be enhanced @ 10% in every three years as per principles laid down in Pranay Sethi (supra).
4. Learned counsel for the respondents has opposed the submissions made by learned counsel for the claimants and has submitted that the impugned award is just and reasonable, therefore, requires no interference of this Court.
5. Having heard learned counsel for both the parties, this Court is of the opinion that in light of principles laid down by the Hon'ble Supreme Court in the cases of Pranay Sethi (supra) and Nanuram (supra), each claimant is separately entitled to get compensation under the head of loss of consortium and the said amount will be further enhanced by 10% for every three years. As the incident in the present matter is of year 2023 (i.e. six years have passed since the passing of above said judgment) therefore, the increment of 10% shall be made twice. Hence, the compensation for loss of consortium to each claimants would be Rs. 48,000/- (Rs.40,000/- + Rs.4,000/- + Rs. 4,000/-). Therefore, the total compensation under this head would be Rs.96,000/-.
(3 of 3) [CMA-5215/2024] However, the learned Tribunal has awarded Rs.48,000/- under this head.
6. In view of above discussion, the claimants are entitled to get an enhanced amount of Rs.48,000/- (Rs.96,000/- – Rs.48,000/-) towards the compensation under the head of loss of consortium.
7. The respondents are directed to deposit the enhanced amount within a period of two months from today. The remaining terms and conditions of the impugned award shall remain intact.
8. It is directed that the enhanced amount shall carry the rate of interest in terms of the impugned award.
9. The present appeal is disposed of in the above terms.
10. All pending applications, if any, also stand disposed of.
11. Registry is directed to send back the record of the case to the concerned Tribunal forthwith.
(SANDEEP TANEJA),J TN/95