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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SANDEEP TANEJA
Sanwar Lal S/o Shri Gopal – Appellant
Versus
United India Insurance Company Limited – Respondent
JUDGMENT :
SANDEEP TANEJA, J.
1. This appeal has been filed under section 173 of Motor Vehicle Act, 1988 seeking enhancement of compensation awarded, vide award dated 14.07.2025, by the learned Motor Accidents Claims Tribunal, Nasirabad, Ajmer in MAC Case No.118/2022 whereby the claim petition filed by the claimants- appellants (hereinafter referred to as ‘the appellants’) was partly allowed and total sum of Rs. 11,17,992/- was awarded, along with interest @ 6% per annum, in favour of the appellants.
2. The brief facts of the case, as pleaded in the claim petition, are that on 07.01.2017 at about 5:00 PM, while Sita Devi was returning to her house and reached near Raigar Mohalla in village Dilwaadi, a Truck bearing registration No. HR-46-C-9686, being driven by respondent No.2 (driver of the truck), in a rash and negligent manner, hit Sita Devi, as a result of which, she sustained injuries and thereafter died.
Subsequently, an FIR bearing No. 8/2017 was registered at police station Nasirabad Sadar and after investigation, charge-sheet was filed under Section 279 and 304-A IPC.
3. The appellants preferred a claim petition before the learned Tribunal for compensation on account of death o
The main legal point established is the importance of assessing 'just and fair' compensation under the Motor Vehicles Act, 1988, Section 168, based on income tax returns and legal precedents.
In the absence of definite proof of income, the social status and nature of work of the deceased should be considered for compensation assessment.
The court modified the compensation awarded by the Tribunal, adjusting the deceased's income calculation and loss of consortium to ensure fair compensation.
The court recalculated compensation based on the deceased's potential earnings as a Mason, enhancing the total compensation awarded to Rs.11,82,312/- with interest.
The court determined that actual income of the deceased as a driver should be considered for compensation, overriding minimum wage assumptions, and affirmed the entitlement of all dependents to loss ....
The Motor Vehicles Act emphasizes just compensation, which must be fair, reasonable, and equitable based on the circumstances of each case.
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