Rajasthan High Court
CMA/568/2018 of SMT MAMTA AND ORS Vs RAMCHANDRA YADAV AND ORS on 12 March 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 568/2018 1. Smt Mamta Vijay wife of late Shri Hemant Kumar Vijay @ Hemant Vijay, aged about 42 years, 2. Tavish son of late Shri Hemant Kumar Vijay @ Hemant Vijay, aged about 16 years through natural guardian and mother
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 568/2018
1. Smt Mamta Vijay wife of late Shri Hemant Kumar Vijay @
Hemant Vijay, aged about 42 years,
2. Tavish son of late Shri Hemant Kumar Vijay @ Hemant Vijay, aged about 16 years through natural guardian and mother Smt.
Mamta Vijay.
3. Kanhaiyalal son of late Shri Gangalahari, aged about 80 years,
4. Smt. Bhagwati Devi wife of Shri Kanhaiyalal, aged about 75
years
All residents of 5-Ka-17, Housing Board, Shastri Nagar, Jaipur
----Appellants
Versus
1. Ramchandra Yadav Son of Kajjuram Yadav, resident of House No.5, Dholiyon Ka Bas, Tehsil Phulera, Thana Renwal, District Jaipur (Driver).
2. Ramgopal Yadav son of Shri Nandram Yadav, resident of Village Post-Raghunathpura, Tehsil Amer, District Jaipur (Owner)
3. Oriental Insurance Company Limited through Division Manager, MI road, Jaipur, presently Office-Anand Bhawan Sansar Chandra Road, Jaipur (Insurance Company)
----Respondents
For Appellant(s)
:
Mr. Shobit Tiwari,
Mr. Rohit Tiwari
For Respondent(s)
:
Mr. Gopesh Kumbhaj
HON'BLE MR. JUSTICE SANDEEP TANEJA
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Order
12/03/2026
1. This appeal has been filed under section 173 of Motor Vehicle Act, 1988 seeking enhancement of compensation awarded, vide award dated 26.10.2017, by the Additional District Judge No.14, Jaipur Metropolitan, Jaipur in MAC Case No.11/2016.
2. Heard learned counsel for both the parties and perused the material available on record.
(2 of 3) [CMA-568/2018]
3. The limited issue raised by learned counsel for the appellants is that the learned Trial court erred by non-granting just compensation under the heads of loss of consortium, loss of estate and funeral expenses as per the principles laid down by the Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680. Hence, prays to enhance the compensation so awarded.
4. A perusal of the impugned judgment and award reveals that the appellant No. 1 was granted Rs. 50,000/-, appellant No. 2 was granted Rs. 20,000/- and appellant Nos. 3 and 4 were granted Rs. 10,000/- each, for loss of consortium. Hence, a total amount of Rs. 90,000/- was granted under the said head by the learned Trial court. However, in view of the parameters laid down by the Hon'ble Supreme Court in Pranay Sethi (supra) and Magma General Insurance Company Vs. Nanuram @ Churu Ram & Ors. reported in (2018) 18 SCC 130, this Court is of the opinion that the compensation under the head of loss of consortium, has to be computed at the rate of Rs.40,000/- each to all four dependants, which would come to a total of 1,60,000/- (40,000/- x 4). Accordingly the compensation for loss of consortium is enhanced by Rs. 70,000/-.
5. Further, only a sum of Rs. 10,000/- has been awarded against funeral expenses and no amount has been awarded under the loss of estate. The compensation under these heads also needs to be enhanced in light of the above judgment, accordingly, the claimants are entitled to Rs.15,000/- for loss of estate, Rs.15,000/- for funeral expenses. As only Rs. 10,000/- has already been awarded under the head of funeral expenses, hence,
(3 of 3) [CMA-568/2018] the appellants are entitled to an enhanced amount of Rs 5,000/- under the said head.
6. Thus, in view of the above discussion, the enhanced compensation is as under: S.N. Compensation Heads Enhanced Amount
1. Loss of Consortium Rs. 70,000/-
2. Funeral Expenses Rs. 5,000/-
3. Loss of Estate Rs. 15,000/- Total enhanced amount Rs. 90,000/-
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 award passed by the learned Trial court. The enhanced amount shall carry the interest from the date of filing of the claim petition till date of payment. The amount shall be disbursed in terms of the award passed by the learned Trial court.
9. Accordingly, the award dated 26.10.2017, passed by the Additional District Judge No.14, Jaipur Metropolitan, Jaipur in MAC Case No.11/2016, is modified and the appeal is accordingly disposed of.
10. All pending applications, if any, also stand disposed of. (SANDEEP TANEJA),J TN/41