[2025:RJ-JD:12324]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 573/2023

1. Sharda W/o Late Shri Amba Lal, Aged About 49 Years, By Caste Rao, Resident Of Rao Ka Bas, Thabukra, Lordi Pandit Ji, Mandore, District Jodhpur.

2. Virma Ram S/o Late Shri Amba Lal, Aged About 31 Years, By Caste Rao, Resident Of Rao Ka Bas, Thabukra, Lordi Pandit Ji, Mandore, District Jodhpur.

3. Ishwar Ram S/o Late Shri Amba Lal, Aged About 28 Years, By Caste Rao, Resident Of Rao Ka Bas, Thabukra, Lordi Pandit Ji, Mandore, District Jodhpur.

4. Shyam Rao S/o Late Shri Amba Lal, Aged About 24 Years, By Caste Rao, Resident Of Rao Ka Bas, Thabukra, Lordi Pandit Ji, Mandore, District Jodhpur.

5. Trilok Rao S/o Late Shri Amba Lal, Aged About 21 Years, By Caste Rao, Resident Of Rao Ka Bas, Thabukra, Lordi Pandit Ji, Mandore, District Jodhpur.

----Appellants Versus

1. Pukhraj S/o Shri Kishna Ram, By Caste Jat, Resident Of Banar, District Jodhpur. (Driver Of Truck Dumper No. Rj

36 Ga 0404)

2. Jugal Kishore Sharma S/o Shri Jabbar Lal Sharma, By Caste Suthar, Resident Of House No. 256, Sardarpura 1St B Road, Jodhpur. (Owner Truck Dumper No. Rj 36 Ga

0404)

3. National Insurance Company Limted, Sun Tower, 3-4 Floor, Main Pal Road, Jodhpur. (Insurer Truck Dumper No.

Rj 36 Ga 0404)

----Respondents For Appellant(s) : Mr. S.K. Sankhla.

For Respondent(s) : Mr. Magender Singh for Mr. TRS Sodha.

HON'BLE MS. JUSTICE REKHA BORANA

Order

05/03/2025

1. The present misc. appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 13.02.2023 passed by Motor Accident Claims Tribunal Jodhpur, Metropolitan in MAC Case No. 283/2021 (N.C.V. No. 283/2021).

The learned Tribunal, vide impugned judgment/award dated

13.02.2023, awarded a sum of Rs.11,69,468/- (including an amount of Rs.50,000/- awarded as interim compensation) in favour of the claimants alongwith interest @6% per annum from the date of filing of the claim petition (excluding interest on the amount paid qua ‘no fault’ liability).

2. Brief facts as pleaded in the claim petition are that on 11.01.2020, Ambalal and his brother-in law Papparam were en route from Naya Nagriya to Thabukada on Papparam’s motorcycle bearing registration No.RJ-19-BC-8006. On reaching near fields of Himmatram Bhagal, a truck bearing registration No. RJ-36-GA- 0404 being driven rashly and negligently, hit the motorcycle due to which Ambalal and Papparam suffered grievous injuries and were thereafter taken to Mathuradas Mathur Hospital where at around 7:15 PM, Ambalal succumbed to the injuries sustained. FIR-12/2020 pertaining to the said accident was lodged at Aarakshi Kendra, Banar.

The offending vehicle, on the date of accident, was insured with respondent No. 3 Insurance Company.

3. The appellants-claimants are legal representatives/ dependants of deceased Ambalal. The learned Tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.7,470/-, awarded total compensation of Rs.11,69,468/- in favour of the appellants-

claimants, the breakup of which is as under:

Learned Tribunal also awarded interest @6% per annum from the date of filing of the claim petition i.e. 19.01.2021.

4. Learned counsel for the appellants-claimants raised two grounds: firstly, the learned Tribunal erroneously computed the income of th