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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANDEEP TANEJA
Ganga Devi, Wife Of Late Shri Ramvilas – Appellant
Versus
Raghvendra, Son Of Shri Bheekam Singh – Respondent
JUDGMENT :
SANDEEP TANEJA, J.
1. The claimants - appellants (hereinafter referred to as ‘appellants’) have preferred the present appeal against the judgment and award dated 16.04.2025 passed by learned Motor Accident Claims Tribunal, Dholpur (Rajasthan) (hereinafter referred to as ‘Tribunal’) in MAC No. 30/2024 whereby the claim petition filed by the appellants has been partly allowed and a sum of Rs. 13,42,780/- has been awarded alongwith interest @ 6% per annum in favour of the appellant.
2. The brief facts of the case are that on 17.10.2022, Ramvilas @ Banti was coming from Murena to Dholpur on his motorcycle bearing registration No. RJ-11 SJ 5869 and when he reached near Sanda Village, suddenly another motorcycle, bearing registration No. RJ-11 SP 9264 driven in rash and negligent manner, came from opposite side and collided with his motorcycle, as a result of which, he got injured and succumbed to death.
2.1 The appellants preferred a claim petition before the Tribunal for compensation on account of death of deceased Ramvilas @ Banti, who was husband of appellant No. 1, father of appellants No. 2 to 4 and son of appellants No. 5 and 6, for a sum of Rs. 51,70,000/- alongwith intere
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.
The court modified the compensation awarded by the Tribunal, adjusting the deceased's income calculation and loss of consortium to ensure fair compensation.
The main legal point established is the proper assessment of compensation under the Motor Vehicles Act, 1988, and the interpretation of 'loss of consortium' as applicable to each dependent.
The court established that compensation calculations must accurately reflect the deceased's income and the claimants' losses, adhering to statutory guidelines.
In the absence of definite proof of income, the social status and nature of work of the deceased should be considered for compensation assessment.
Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The principle of revisiti....
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