[2026:RJ-JD:4460]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 3095/2025

1. Sattar Khan S/o Anwar Khan, Aged About 37 Years, Resident Of 351, Barhmano Ka Baas, Dhamali, Tehsil Marwar Junction, District Pali (Raj.).

2. Joya Khan D/o Sattar Khan, Aged About 12 Years, (Appellant No. 2 Is Minor Therefore Represented By Natural Guardian Appellant No. 1) Resident Of 351, Barhmano Ka Baas, Dhamali, Tehsil Marwar Junction, District Pali (Raj.).

3. Shahjad Husain S/o Satar Khan, Aged About 9 Years, (Appellant No. 3 Is Minor Therefore Represented By Natural Guardian Appellant No. 1) Resident Of 351, Barhmano Ka Baas, Dhamali, Tehsil Marwar Junction, District Pali (Raj.).

4. Jetun W/o Late Anwar Khan, Aged About 70 Years, Resident Of 351, Barhmano Ka Baas, Dhamali, Tehsil Marwar Junction, District Pali (Raj.).

----Appellants Versus

1. Naresh Vaishnav S/o Madan Vaishnav, Resident Of 57, Vidhyanagar, Behind Bangad College, District Pali.

(Vehicle Driver)

2. Umar Farukh S/o Mohd. Sayed, Resident Of 37, Navlakha Road, District Pali. (Vehicle Owner)

3. Tata Aig General Insurance Company Limited, Office Peninsula Business Park, Tower A, 15Th Floor, G K Marg Lower Parel, Mumbai. (Insurance Company)

----Respondents For Appellant(s) : Mr. Aman Bishnoi For Respondent(s) : Mr. Aditya Singhi HON'BLE MR. JUSTICE SANJEET PUROHIT

Judgment

23/01/2026

1. The present civil misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment/award dated 16.05.2025 passed by the Motor Accident Claims Tribunal, Pali (“learned Tribunal”), in MAC Case No. 122/2023, whereby appellants-claimants were held entitled for payment of compensation to the tune of Rs.28,35,210/- and liability to pay was fastened upon the respondents with interest @6% per annum from the date of filing the claim petition i.e., 02.06.2023.

2. The facts giving rise to the present appeal, in a nutshell are that on 26.12.2022, at about 11:00 am, the deceased, namely, Mrs. Ruksana was walking on the road with her children. A riksha bearing registration no. RJ-19-PA-2432 and driven by Mr. Naresh Vaishnav, who was driving rashly and negligently collided into her. Consequently, it resulted in the death of Mrs. Ruksana. The said vehicle was insured by the respondent-insurer.

3. A claim petition was filed on 02.06.2023 by legal representatives of the deceased before the Tribunal claiming compensation to the tune of Rs.1,29,11,225/. On basis of pleadings of the parties, Tribunal settled 4 issues for determination. With regard to issue no. 1, Tribunal examined various evidence on record and held that driver of the offending vehicle was indeed driving rashly and negligently which resulted in the death of the deceased.

4. With regard to issues no. 2 and 4, Tribunal took deceased’s monthly income to be Rs.14,817/- and ascertained number of dependents to be three, excluding mother-in-law of the deceased.

Further, tribunal computed quantum of compensation under the head of consortium for three members.

5. Learned Tribunal vide its order dated 16.05.2025, awarded compensation to respondent claimants amounting to Rs.28,35,210/- and the liability to pay, was fastened upon the respondent nos. 1, 2, and 3 along with interest @6% per annum from date of filing the claim petition.

6. The present appeal is confined to a challenge against the quantum of compensation awarded by the Tribunal under the heads of loss of income, consortium, number of dependents and the interest rate awarded by Tribunal. Appellants do not dispute the amount awarded under the other conventional heads.

7. Learned counsel for the appellant-claimant contended that the Tribunal erred in assessing the claimant’s income at ₹14,817/- per month, despite uncontroverted evidence on record, including the testimony of one of the employers (A.W.3), who categorically stated that the claimant was employed and was earning a fixed monthly salary of Rs.18,000/-. In absence of any rebutta