[2026:RJ-JP:12074]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4113/2016

1. Bhagchand S/o Late Shri Shyamlal, Age 12 years

2. Smt. Asha W/o Shri Bhagchand, Age 38 years

3. Kumari Komal D/o shri Bhagchand, Age 20 years

4. Master Ashish S/o Shri Bhagchand, Age 14 years, minor represent by his natural guardian and father Shri Bhagchand appellant no.1 All are R/o Harijan Basti, Naya Shaher, Kishangarh, District Ajmer (Raj.)

----Appellants/Claimants Versus

1. Nehru Ram S/o Shri Mangat Ram, R/o Bagoli Thana Udaipur Vati, District Jhujjhunu.

2. Rajasthan State Road Transport corporation through Manager, Central Bus Stand, Ajmer.

----Non-Claimants/Respondent For Appellant(s) : Mr. Gaurav Sharma with Mr. RC Sharma Dr. Deependra Singh For Respondent(s) : Mr. Nitin Sinsinwar HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

23/03/2026

1. The present appeal has been filed by the appellants-claimants (hereinafter referred to as ‘claimants’) under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 29.02.2016 passed by learned Judge, Motor Accident Claims Tribunal, Kishangarh, District Ajmer (hereinafter referred to as ‘Tribunal’) in MAC Case No. 04/2014 whereby the claim petition filed by the claimants was partly allowed.

2. The brief facts of the case, as pleaded in the claim petition, are that on 08.08.2013, Shailesh Lakhan, along with his sister, was going for tuition on motorcycle, bearing Registration No. RJ-01-SU-1721, and was hit by roadways bus, bearing Registration No. RJ-14-PC-3372, being driven in rash and negligent manner by Respondent No.1, resulting into death of Shailesh Lakhan.

2.1 Thereafter, a claim petition was filed by the claimants before the learned Tribunal seeking compensation, on account of death of Shailesh Lakhan, stating therein that at the time of said accident, the age of deceased was 20 years and was a student of ITI. It was pleaded that along with his study he was doing job as an electrician and earning Rs.4500/- per month, and claimed compensation of Rs.43,00,000/-.

2.2 On the basis of pleadings of the parties, the learned Tribunal framed three issues and after evaluating the evidence on record, the claim petition was partly allowed and a compensation of Rs. 3,50,000/- was awarded, in favour of the claimants, along with interest @6% p.a., from the date of filing of the claim petition till recovery of the amount.

2.3 Being aggrieved by and dissatisfied with the impugned judgment and award, this appeal has been preferred by the claimants seeking enhancement of compensation so awarded.

3. Learned counsel for the claimants submitted that while calculating the compensation under the head of loss of income, the learned Tribunal has erred in fixing the notional income of the deceased as Rs. 15,000/- per annum on a notional basis. While admitting that there was no documentary evidence in support of the contention that the deceased was a student of ITI and was earning by doing part time job as electrician, he submitted that even in such situation compensation under this head should be calculated by considering the income of the deceased as per minimum wages payable to an unskilled worker, at the relevant time, i.e., Rs.166/- per day, as notified by the State Government.

3.1 Learned counsel for the claimants further submitted that the compensation awarded by the learned Tribunal should be enhanced on the following grounds as well: -

i. While calculating the total loss of income, the learned Tribunal has applied multiplier of 15, however, as per the post-mortem report, the age of the deceased was 20 years, hence, the multiplier of 18 should have been applied.

ii. The learned Tribunal has awarded Rs.1,00,000/- under the head of love and affection whereas the compensation of Rs. 40,000/- to each of the claimants, should have been awarded under the head of loss of consortium.

iii. The claimants are further entitled to compensation of Rs.15,000/-

under the head of loss of est