[2025:RJ-JD:13623]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2604/2018

1. Rekha Kanwar W/o Late Shri Bhanwar Singh, Aged About

37 Years, B/c Rajput, R/o Gajanand Colony, Suthala, Jodhpur, Rajasthan. At Present R/o Village Gumansingh Pura, Tehsil Shergarh, District Jodhpur.

2. Swaroop Kanwar D/o Late Shri Bhanwar Singh, Aged About 17 Years, Minor Through Their Natural Guardian Mother Smt. Rekha Kanwar W/o Late Shri Bhanwar Singh. B/c Rajput, R/o Gajanand Colony, Suthala, Jodhpur, Rajasthan. At Present R/o Village Gumansingh Pura, Tehsil Shergarh, District Jodhpur.

3. Rawal Singh S/o Late Shri Bhanwar Singh, Aged About 16 Years, Minor Through Their Natural Guardian Mother Smt. Rekha Kanwar W/o Late Shri Bhanwar Singh. B/c Rajput, R/o Gajanand Colony, Suthala, Jodhpur, Rajasthan. At Present R/o Village Gumansingh Pura, Tehsil Shergarh, District Jodhpur.

4. Maya D/o Late Shri Bhanwar Singh, Aged About 15 Years, Minor Through Their Natural Guardian Mother Smt. Rekha Kanwar W/o Late Shri Bhanwar Singh. B/c Rajput, R/o Gajanand Colony, Suthala, Jodhpur, Rajasthan. At Present R/o Village Gumansingh Pura, Tehsil Shergarh, District Jodhpur.

5. Jaswant Singh S/o Late Shri Bhanwar Singh, Aged About

14 Years, Minor Through Their Natural Guardian Mother Smt. Rekha Kanwar W/o Late Shri Bhanwar Singh. B/c Rajput, R/o Gajanand Colony, Suthala, Jodhpur, Rajasthan. At Present R/o Village Gumansingh Pura, Tehsil Shergarh, District Jodhpur.

6. Jasoda Kanwar D/o Late Shri Bhanwar Singh, Aged About

13 Years, Minor Through Their Natural Guardian Mother Smt. Rekha Kanwar W/o Late Shri Bhanwar Singh. B/c Rajput, R/o Gajanand Colony, Suthala, Jodhpur, Rajasthan. At Present R/o Village Gumansingh Pura, Tehsil Shergarh, District Jodhpur.

7. Bhagwati Kanwar D/o Late Shri Bhanwar Singh, Aged About 8 Years, Minor Through Their Natural Guardian Mother Smt. Rekha Kanwar W/o Late Shri Bhanwar Singh. B/c Rajput, R/o Gajanand Colony, Suthala, Jodhpur, Rajasthan. At Present R/o Village Gumansingh Pura, Tehsil Shergarh, District Jodhpur.

8. Smt. Chandra Kanwar W/o Late Shri Pabudan Singh, Aged About 64 Years, B/c Rajput, R/o Gajanand Colony, Suthala, Jodhpur, Rajasthan. At Present R/o Village Gumansingh Pura, Tehsil Shergarh, District Jodhpur.

----Appellants Versus

1. Mohan Ram @ Bhallu S/o Shri Hari Kishan, B/c Vishnoi, R/o Village Khetolai, Pokran, District Jaisalmar, Rajasthan.

(Driver Bus No. Rj19 Pa 5311)

2. Ghanshyam Gandhi S/o Shri Ram Kishan, B/c Maheshwari, R/o C-61, Iind Ext. Kamla Nehru Nagar, Jodhpur, Rajasthan. (Registered Owner Bus No. Rj19 Pa

5311)

3. The New India Assurance Company Limited, Divisional Office Second, Near Akhalia Circle, Chopasani Road, Jodhpur, Rajasthan. At Present Divisional Office, Abhay Chambers, Jalori Gate, Jodhpur. (Insurer Bus No. Rj19 Pa

5311)

----Respondents For Appellant(s) : Mr. S.K. Sankhla For Respondent(s) : Mr. Arun Dadhich for Mr. NK Mehta HON'BLE MS. JUSTICE REKHA BORANA

Judgment

11/03/2025

1. The present misc. appeal has been filed by the appellants- claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 17.05.2018 passed by the Motor Accident Claims Tribunal First, Jodhpur in MAC Case No.296/2014 (NCV No.2619/2014).

The learned Tribunal, vide impugned judgment/award dated

17.05.2018 awarded a sum of Rs.11,65,480/- in favour of the claimants alongwith interest @9% from the date of filing of claim petition i.e. 20.11.2014.

2. Learned counsel for the appellants-claimants raised two grounds before this Court, firstly, the learned Tribunal erroneously computed the income of the deceased on basis of minimum wages of a skilled labour at the rate of Rs.5,434/- per month whereas it was proved on record that the deceased was owner of a mini truck and he himself drove the same. Meaning thereby, he was a driver by profession and earned Rs.20,000/- per month.

3. Counsel submitted that although no document to prove the income was exhibited but then, the Registration Certificat