CMA/2794/2015 of SMT SAROJ DEVI AND ORS Vs ARJUN SINGH AND ANR on 16 March 2026

Order

16/03/2026

1. The present appeal has been filed by the appellants- claimants (for short “the claimants”) seeking enhancement of compensation awarded, vide judgment and award dated

(2 of 5) [CMA-2794/2015] 04.03.2015, by learned Motor Accident Claims Tribunal (Additional District and Sessions Judge No.2) Beawar, Ajmer in MAC Case No.419/2014 (69/13), whereby the claim petition filed by the claimants was partly allowed and a sum of Rs.7,50,784/- was awarded in favour of claimants, alongwith interest @ 6% per an- num from the date of filing of claim petition.

2. The brief facts of the case, as pleaded in the claim petition, are that on 24.12.2012, Ramdev Singh was driving a Tempo and was going towards Lagig Moja Naharpura Tiraha. A bus bearing registration No. RJ 36-PA-1135, being driven by respondent No.1 (driver of the bus) in rash and negligent manner, hit the said tempo, as a result of which, Ramdev Singh sustained injury and thereafter succumbed to death. The claimants filed the claim petition before the learned Tri- bunal, which was partly allowed vide impugned judgment and award dated 04.03.2015.

3. Learned counsel for the claimants after relying on the princi- ples laid down by the Hon'ble Supreme Court in the case of Na- tional Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680, has submitted as follows:-

(i) The learned Tribunal has erred in granting future prospects @30%, however after considering the age of the de- ceased, the same should have been granted @40%.

(ii) The learned Tribunal has omitted to grant compensation against loss of estate.

(iii) The funeral expenses has been awarded in the sum of Rs.5,000/- only, whereas in the light of the aforesaid judgment it should be Rs.15,000/-.

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(iv) Lastly, relying on the judgments passed by Hon’ble Supreme Court in the case of Pranay Sethi (supra) and Magma General Insurance Company Ltd. Vs. Nanu Ram @ Chuhru Ram & ors., reported in (2018) 18 SCC 130, it is submitted that the learned Tribunal has awarded a lump sum amount of Rs.20,000/- only towards loss of consortium, whereas as per the principles laid down in the aforesaid judgments, compensation un- der the head of loss of consortium should be Rs.40,000/- for each dependant, therefore, in the instant case the amount of Rs.1,20,000/- (Rs.40,000 X 3) ought to have been awarded under the said head.

4. Learned counsel for the respondents has opposed the sub- missions made by learned counsel for the claimants and has sub- mitted that the award is just and reasonable and requires no in- terference by this Court.

5. Heard the learned counsel for both the parties and perused the 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 : -

1. Since, the deceased was 26 years of age at the time of oc- currence of accident, therefore, the future prospects should be awarded @ 40%. Hence, the income of the deceased, af- ter calculating the future prospects, shall be Rs.7,27,668/ whereas the learned Tribunal has calculated it to be Rs.6,75,784/-. Accordingly, the claimants are entitled to en- hanced sum of Rs.51,884/- under the head of loss of in- come.

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2. Further, the learned Tribunal has awarded only Rs.5,000/- towards funeral expenses, however, compensation under the said head should be Rs. 15,000/-, therefore, the claimants are entitled to get enhancement amount of Rs.10,000/- as compensation for funeral expenses.

3. As no amount has been awarded towards loss of estate, the claimants are also entitled to Rs.15,000/- under the said head.

4. Lastly, as per the principles laid down in Nanu Ram (supra) claimants are also entitled to get Rs.1,20,000/- under the head of loss of consortium. Since Rs. 20,000/- has already been awarded under this head, an enhanced amount of Rs.1,00,000/- towards loss of consortium is granted to the claimants.

7. Thus, in view of the above discussion, the enhanced compen- sation is as under: S.N. Compensation Heads Enhanced Amount

1. Loss of Income Rs.51,884/-

2. Loss of Consortium Rs.1,00,000/-

3. Funeral Expenses Rs.10,000/-

4. Loss of Estate Rs.15,000/- Total enhanced amount Rs.1,76,884/-

8. Accordingly, the compensation awarded by the learned Tri- bunal is enhanced by Rs. 1,76,884/-. The respondents are di- rected to deposit the enhanced amount within a period of two

(5 of 5) [CMA-2794/2015] months 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 04.03.2015, passed by learned Motor Accident Claims Tribunal (Additional District and Sessions Judge No.2) Beawar, Ajmer in MAC Case No.419/2014 (69/13), is modified.

11. The present appeal is disposed of in the above terms.

12. All pending applications, if any, also stand disposed of. (SANDEEP TANEJA),J AVINASH GULERIA /141