[2026:RJ-JP:12962]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1230/2012

1. Smt. Ramdevi W/o Late Laxman Das, R/o 11-12, Tilak Nagar, Bharatpur

2. Om Prakash S/o Shri Laxman Das, R/o 11-12, Tilak Nagar, Bharatpur

3. Ravi Prakash S/o Laxman Das, R/o 11-12, Tilak Nagar, Bharatpur

4. Kusum D/o Laxman Das, R/o 11-12, Tilak Nagar, Bharatpur ----Claimants/Appellants Versus

1. Rajasthan State Road Transport Corporation, Lohagarh Depot, Bharatpur, Rsrtc, Bharatpur Owner Of The Bus No. Rj-05-Pa-

481

2. Saudan Singh S/o Ramhet, R/o Jonai, Police Station Senpa, Distt. Agra Driver Of Roadways, Lohagarh Depot, Bharatpur Driver Of The Bus No. Rj-05-Pa-481 ----Non-Claimants/Respondents For Appellant(s) : Mr. Jai Prakash Gupta with Mr. Aditya Sharma For Respondent(s) : Mr. Yash Joshi HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

27/03/2026

1. The present appeal has been filed by the claimants-appellants (for short ‘claimants’) under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 17.12.2011 passed by learned Judge, Motor Accident Claims Tribunal (Special Judge, Dacoity Affected Areas), Bharatpur, in M.A.C. Case No.400/2009, whereby the claim petition filed by the claimants was partly allowed.

2. The brief facts giving rise to the present appeal are that the claimants filed a claim petition under Section 166 r/w 140 of Motor Vehicles Act before the learned Motor Accident Claims Tribunal (for short ‘Tribunal’), stating therein that Lakshman Das was working as a Conductor with respondent No.1 – Rajasthan State Road Transport Corporation. On 14.05.2009, bus bearing registration No. RJ-05-PA-

0481, being driven by respondent No.2 in a rash and negligent manner, collided with a truck standing on the right side of the road near Village Lulahara. As a result thereof, the passengers as well as Lakshman Das, who was discharging his duties as Conductor, sustained injuries and subsequently, Lakshman Das died.

2.1 The claimants claimed compensation to the tune of Rs.38,90,640/- under various heads.

2.2 On the basis of pleadings of the parties, the learned Tribunal framed two issues and after evaluating the evidence on record, the claim petition was partly allowed and compensation of Rs.7,43,832/- was awarded, in favour of the claimants, along with interest @ 6% per annum payable thereon from the date of filing the claim petition till its actual payment.

3. Being aggrieved by and dissatisfied with the impugned judgment and award dated 17.12.2011, the present appeal has been filed by the claimants seeking enhancement of compensation so awarded.

4. Learned counsel for the claimants has made the following submissions:-

i. The learned Tribunal, while assessing the loss of dependency, has committed illegality in deducting Rs.6,135/- towards pension, which was being paid by the respondent No.1 to the dependants of the deceased, as the pension is paid to the dependants in terms of the service conditions and has no relation whatsoever with the compensation payable under the Motor Vehicles Act, 1988.

ii. The learned Tribunal has erred by not making any addition in the income of the deceased towards future prospects.

iii. A lump-sum amount of Rs.20,000/- has been awarded under the head of love and affection whereas compensation of Rs. 40,000/- should be awarded to all the four claimants i.e., wife, two sons and daughter of the deceased, separately, under the head of loss of consortium.

iv. The claimants are further entitled to compensation of Rs.15,000/- under the head of loss of estate.

v. Compensation of Rs.5,000/- has been awarded under the head of funeral expenses, however, the claimants are entitled to compensation of Rs.15,000/- under the said head.

4.1 Learned counsel for the claimants has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Vimal Kanwar &

Ors. v. Kishore Dan & Ors. reported in (2013) 7 SCC 476

5. Per contra, learned counsel for the respondents has opposed the submiss