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Judgment 12/08/2025

1. These instant misc. appeals have been filed by the appellants/claimants under Section 173 of the M.V. Act, 1988 ('Act') assailing the validity of the judgment and award dated 02.12.2006 passed by the learned Judge, Motor Accident Claims Tribunal, Rajsamand ('Tribunal') thereby seeking enhancement [2025:RJ-JD:36109] (4 of 19) [CMA-835/2007] and modification of the compensation awarded by the learned Tribunal. These batch of claim petitions were decided by the learned Tribunal by way of a common award dated 02.12.2006, whereby multiple claim petitions, arising from the same motor vehicular accident dated 02.04.2004, were consolidated and adjudicated together.

7. The learned Counsel appearing on behalf of the appellants submits that the compensation awarded in MAC No.229/2004 on account of death of deceased, Sharda, by the learned Tribunal, Rajsamand, is manifestly inadequate and unjust. Learned counsel for the appellants submits that deceased Sharda, although was homemaker, however, she was giving tuition to the students and was earning Rs.5000/- per month, however, the learned Tribunal without there being any contrary evidence, has erred in concluding that deceased Sharda was earning Rs.1500/- per month. It is the submission of the learned Counsel that the learned Tribunal has applied the multiplier of 10 in CMA No. 835/2007 and 12 in CMA No.837/2007, which are inconsistent with the age of the [2025:RJ-JD:36109] (7 of 19) [CMA-835/2007] deceased, who were 47 and 38 years old respectively at the time of the accident. Furthermore, the Tribunal failed to consider the deceased's future prospects taking into consideration the age as 47 and 38 years respectively as 25% and 40%, which should have been accounted for to reflect the potential for increased earnings. The amounts awarded for consortium is Rs.30,000/- and funeral expenses Rs.3,000/- are disproportionately low and do not adequately compensate for the emotional and social impact of the loss. He also submits that the learned Tribunal has erred in deducting 1/3rd amount from the Personal Expenses, which ought to have been 1/4th as the dependents of the deceased are four in numbers including three sons and father as per the guidelines laid down in the case of National Insurance Company Limited vs. Pranay Sethi & Ors. : (2017)16 SCC 680.

Submissions in CMA Nos.1257/2007 arising out of Claim Petition No.188/2004:

8. Learned counsel appearing for the appellants/claimants in CMA No.1257/2007 submits that the monthly income of the deceased has been wrongly assessed by the learned Tribunal as Rs.6,255/-. While relying on Exhibit-1, learned counsel for the appellants submits that the deceased was a Government employee and as per the Salary Certificate (Exhibit-1) issued by his employer i.e. Superintendent of Police, District Rajsamand, his monthly income was reflected as Rs.10,415/-, which has not been disputed by the learned counsel for the respondent. He further submits that the deceased was 51 years of age at the time of accident and, therefore, the multiplier applied by the learned Tribunal of 10 is not correct and the same ought to have been 11.
paragraphs, this court has modified the compensation in the instant misc. appeals. The misc. appeals are accordingly partly allowed and the Appellants are thus entitled to get enhanced compensation of Rs.8,84,599/- in CMA/835/2007; Rs.5,08,500/- in CMA/837/2007; Rs.5,17,453/- in CMA 1257/2007; Rs.6,29,275/- in CMA 1258/2007; Rs.3,75,500/- in CMA 1259/2007; Rs.7,48,500/- in CMA 748/2009. The enhanced amount shall carry interest @ 6% per annum (as awarded by the learned Tribunal) from the date of filing of claim petition till the date of deposit. The enhanced amount shall be deposited by the respondents/non-claimants jointly and severally with the Tribunal within a period of two months from today failing which, the interest shall stand enhanced @ 7.5% per annum from the date of this order till actual realization. The amount of compensation, if any, disbursed in favour of the claimants, shall be adjusted accordingly. The judgment-cum-award dated 02.12.2006 passed by the learned Judge, Motor Accident Claims Tribunal, Rajsamand is modified accordingly. No order as to costs.