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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 1481/2020

1. Krishan Kumar Sharma S/o Late Shri Radhamohan

Sharma, Aged About 29 Years, R/o Village Bhandana,

Tehsil Dausa, District Dausa (Raj.).

2. Smt. Vimla Devi W/o Vinod Kumar, Aged About 40

Years, R/o Village Bhandana, Tehsil Dausa, District

Dausa (Raj.).

3. Manisha Sharma D/o Late Shri Vinod Kumar, Aged

About 18 Years, R/o Village Bhandana, Tehsil Dausa,

District Dausa (Raj.).

4. Rahul Sharma S/o Late Vinod Kumar, Aged About 16

Years, Minor Through Natural Guardian Mother

Smt.vimla Devi W/o Late Shri Vinod Kumar Sharma

R/o Village Bhandana, Tehsil Dausa, District Dausa

(Raj.).

----Appellants

Versus

1. Girdharilal S/o Ramasiram, R/o Village Khadaka, Tehsil

Dausa, Police Station Kolwa, District Dausa (Raj.).

2. Vinod Kumar S/o Banwailal, R/o Khan Bhankari Road,

Somnath Nagar Dausa, District Dausa (Raj.). (Owner

Of Vehicle)

4. The New India Assurance Company Limited, Through

Branch Manager,,branch Office Dausa, District Dausa

(Raj.). (Insurance

Company)

----Respondents

For Appellant(s) : Mr. Buddhi Prakash Sharma

For Respondent(s) : Mr. Ajay Kumar Tanenia

JUSTICE ANOOP KUMAR DHAND

Order

05/02/2026

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1. By way of filing the instant civil misc. appeal, a challenge

has been led to the impugned award dated 20.12.2019 passed

by the Motor Accident Claims Tribunal, Dausa (for short, ‘the

Tribunal’) in MAC No.39/2019, by which the claim petition

submitted by the claimants has been partly allowed and the

respondents have been directed to pay compensation of

Rs.5,63,452/- with interest @9% per annum to the claimants,

from the date of filing of the claim petition.

2. Aggrieved by the aforesaid award, the claimants-

appellants (hereinafter referred to as ‘the claimants’) have

approached this Court by way of filing the instant appeal

seeking enhancement of the amount of compensation.

3. An incident occurred on 28.08.2018, wherein the

deceased-Radhamohan sustained multiple grievous and life

threatening injuries which resulted in his death at SMS

Hospital. Thereafter, an FIR was registered for the

aforementioned incident and subsequently, charge-sheet was

submitted against the owner of the offending vehicle and a

claim petition seeking compensation was submitted before the

Tribunal by the claimants.

3. The only argument which has been raised by the counsel

for the claimants is that the income of the deceased was

assessed on the basis of the minimum wages and accordingly

his monthly income has been determined for 26 days only,

while as per the judgment passed by the Co-ordinate Bench of

this Court in the case of Nandu Devi and another vs. Sohan

Lal and others while deciding S.B. Civil Misc. Appeal

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No.769/2017 on 23.02.2022, the Tribunal ought to have

consider the monthly income of a daily waiger for 30 days,

instead of 26 days.

4. The other argument raised by counsel for the claimants is

that under the head of loss of consortium, all the dependents

of the deceased are entitled to get compensation of

Rs.40,000/- each in light of the judgment passed by the

Hon’ble Apex Court in the case of National Insurance

Company Limited v. Pranay Sethi reported in (2017) 16

SCC 860

5. Counsel submits that under these circumstances, the

impugned award needs suitable enhancement with respect to

the submissions made hereinabove.

6. Per contra, learned counsel for the respondent-Insurance

Company opposed the arguments raised by the counsel for the

claimants, but he is not in a position to controvert the

submissions and the proposition of law as laid down by this

Court in the case Nandu Devi (supra) and the proposition of

law as laid down by the Hon’ble Apex Court in the case of

Pranay Sethi (supra).

7. Heard and considered the submissions made at the Bar

and perused the material available on the record.

8. Perusal