[2026:RJ-JP:9750]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4348/2025

1. Ganga Devi Wife Of Late Shri Ramvilas, Aged About 39 Years, Resident Of Haveli Gadhaiech, Post Vintipura, Police Station, Maniya, District Dholpur (Rajasthan).

2. Rahul Son Of Late Ramvilas, Aged About 20 Years, Resident Of Haveli Gadhaiech, Post Vintipura, Police Station, Maniya, District Dholpur (Rajasthan).

3. Tanushka Daughter Of Late Shri Ramvilas, Aged About 17 Years, Minor Through her Natural Guardian her Mother Ganga Devi, Resident Of Haveli Gadhaiech, Post Vintipura, Police Station, Maniya, District Dholpur (Rajasthan).

4. Manu Daughter Of Late Shri Ramvilas, Aged About 15 Years, Minor Through her Natural Guardian her Mother Ganga Devi, Resident Of Haveli Gadhaiech, Post Vintipura, Police Station, Maniya, District Dholpur (Rajasthan).

5. Mahadevi Wife Of Shri Ramswaroop, Aged About 68 Years, Resident Of Haveli Gadhaiech, Post Vintipura, Police Station, Maniya, District Dholpur (Rajasthan).

6. Ramswaroop Son Of Gyan Singh, Aged About 70 Years, Resident Of Haveli Gadhaiech, Post Vintipura, Police Station, Maniya, District Dholpur (Rajasthan).

----Appellants Versus

1. Raghvendra Son Of Shri Bheekam Singh, Resident Of Village Cheelpura, Police Station, Deholi, Tehsil Rajakhera, District Dholpur (Rajasthan) (Owner Of Vehicle No. RJ-11, SP-9264).

2. National Insurance Company Limited, Through Its Zonal Manager, Registered Office At 61, Aerodrum Road, Alwar (Rajasthan) (Insurance Company Of The Motorcycle No.

Rj-11/sp-9264). ----Respondents For Appellant(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Mr. Rizwan Ahmed with Mr. Mohsin HON'BLE MR. JUSTICE SANDEEP TANEJA

Judgment

06/03/2026

1. The claimants - appellants (hereinafter referred to as ‘appellants’) have preferred the present appeal against the judgment and award dated 16.04.2025 passed by learned Motor Accident Claims Tribunal, Dholpur (Rajasthan) (hereinafter referred to as ‘Tribunal’) in MAC No. 30/2024 whereby the claim petition filed by the appellants has been partly allowed and a sum of Rs. 13,42,780/- has been awarded alongwith interest @ 6% per annum in favour of the appellant.

2. The brief facts of the case are that on 17.10.2022, Ramvilas @ Banti was coming from Murena to Dholpur on his motorcycle bearing registration No. RJ-11 SJ 5869 and when he reached near Sanda Village, suddenly another motorcycle, bearing registration No. RJ-11 SP 9264 driven in rash and negligent manner, came from opposite side and collided with his motorcycle, as a result of which, he got injured and succumbed to death.

2.1 The appellants preferred a claim petition before the Tribunal for compensation on account of death of deceased Ramvilas @ Banti, who was husband of appellant No. 1, father of appellants No. 2 to 4 and son of appellants No. 5 and 6, for a sum of Rs.

51,70,000/- alongwith interest @ 12% p.a.

2.2 The learned Tribunal partly allowed the claim petition and awarded a sum of Rs. 13,42,780/- along with interest @ 6% p.a.

3. Learned counsel for the appellants submitted that the deceased was serving with one Shiv Traders Marena and was earning monthly income of Rs. 15,000/-. Learned counsel further submitted that the learned Tribunal while calculating the minimum wages applicable at the relevant time for unskilled labour, calculated the monthly income of deceased by taking 26 days in a month and as such the learned Tribunal committed an error, as the monthly income ought to have been calculated by taking 30 days in a month. In support of this contention, learned counsel relied upon the following judgments passed by the Co-ordinate Benches of this Court:

1. Jalaur Singh and Ors. Vs. Barkat and Ors., S.B. Civil Misc. Appeal No. 6562/2011, decided on 26.03.2012.

2. Nandu Devi and Ors. Vs. Sonhanlal and Ors., S.B. Civil Misc. Appeal No. 769/2017, decided on 23.02.2022.

3.1 He further submitted that the learned Tribunal has also erred in awarding a sum of Rs. 40,000/- on accoun