[2025:RJ-JD:37089]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1297/2020

1. Pathan Khan S/o Ese Khan, Aged About 28 Years, B/c Musalman, R/o Sindhiyo Ki Dhani, Karaliya Bera, Simrakhiya, Tehsil Gadra Road District Barmer.

2. Imti W/o Pathan Khan, Aged About 23 Years, B/c Musalman, R/o Sindhiyo Ki Dhani, Karaliya Bera, Simrakhiya, Tehsil Gadra Road District Barmer.

----Appellants Versus

1. Chhagan Singh S/o Ran Singh, B/c Rajput, R/o Chowk, P.s. Sankra, District Jaisalmer (Driver)

2. Narayan Singh S/o Ganpat Singh, B/c Rajput, R/o Khokhsar Purv, P.s. Gida District Barmer

3. Regional Manager, Reliance General Insurance Company Ltd., Tanishq Tower, Second Floor, Residency Road, Sardarpura, Above Ing Vysya Bank Udaipur (Insurance Company)

----Respondents For Appellant(s) : Mr. R.J. Punia.

For Respondent(s) : Mr. TRS Sodha.

Mr. Anu Choudhary.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

19/08/2025

1. The present civil misc. appeal has been preferred by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) assailing the judgment and award dated 13.01.2020 passed by learned Judge, Motor Accident Claims Tribunal, District Banswara, (‘learned Tribunal’) in Claim Case No.89/2019 whereby the learned Tribunal partly allowed the claim petition filed by the claimants and awarded compensation of Rs.2,50,000/-, in favour of claimants along with interest @ 7 % p.a. while fastening the liability upon the respondents jointly and severally.

2. Brief facts of the case are that the claimants / appellants had filed a claim petition under section 166 of Motor Vehicle Act 1988 before the Motor Accident Claim Tribunal Barmer. (herein after referred as the "Tribunal") on dated 18.03.2019. The claimants / appellants have submitted in the claim petition that on dated 16.01.2019 at about 10.30AM their son Shahrukh Khan was going from school to Anganwadi Centre and at that time the respondent no. 1 had come with rash and negligent manner in bolero camper No. RJ21-GB-7079 and committed accident of Shahrukh Khan. Their son died on spot. The driver had driven his vehicle in speed and thereafter come in wrong side and hit the deceased. The FIR was lodged on very same day and thereafter a charge sheet was filed for offence under Section 279, 304A IPC and 184 MV Act in the competent court against the respondent no.1. The claimants / appellants had demanded 1,34,50,000/- as compensation while filing the claim petition before the Tribunal. The owner / respondent no. 2 had filed the written statement and denied the contents of claim petition, however he had admitted the fact of accident.

3. On the basis of pleadings of parties the learned Tribunal has framed as many as four issues in the case and the claimants / appellants examined their witness to prove the contents of claim petition and the respondents have got appeared through the legal officer of the Insurance Company in the case for defence.

4. The learned Tribunal has decided the claim petition vide award and judgment dated 13.01.2020 and whereby the claimants / appellants were awarded the compensation in the tune of Rs.

02,50,000/- along with 7 percent interest from the date of filing of claim petition dated 18.03.2019 and thus, being dissatisfied of the quantum, the appellants have preferred the instant misc. appeal.

5. Learned counsel for the appellants submits that the Learned Tribunal has erred in awarding lump sum compensation to the complainants without considering the notional income and without applying the multiplier of 15, as mandated by the Hon’ble Supreme Court in Divya vs. The National Insurance Co. Ltd. & Ors. [2022 INSC 1108]

6. Learned counsel for the respondent-Insurance Company vehemently objects and submits that the learned tribunal has rightly passed the award.

7. I have heard and considered the submissions advanced at Bar and have gone through the material available on record.

8. This Court finds that the learned Tribunal has awarded the amount of R