HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 791/2023

1. Mohammad Khalid S/o Kalu Khan, Aged About 52 Years, R/o Ward Number-35, Sadar Chowk, Badiyaan Mohalla, Dausa, district-Dausa, Rajasthan.

2. Sharukh Khan, S/o Mohammad Khalid, Aged About 23 Years, R/o Ward Number-35,sadar Chowk,badiyaan Mohalla, Dausa, district-Dausa, Rajasthan.

3. Saniya Bano, D/o Mohammad Khalid, Aged About 16 Years, Minor Through Natural Guardian And Father Mohammad Khalid S/o Kalu Khan, R/o Ward Number-35, Sadar Chowk,badiyaan Mohalla, Dausa, district-Dausa, Rajasthan.

----Appellants Versus

1. Jagmohan Meena S/o Shri Harsahai Meena, Aged About 28 Years, R/o Village Lahadi Ka Bass, Raniwas, Police Station And Tehsil-Nagalrajawatan, District -Dausa, Rajasthan(Driver).

2. Harsahai Meenas/o Mool Chand Meena, R/o Village-Lahadi Ka Bass, Raniwas, Police Station And Tehsil -Nagalrajawatan, District-Dausa, Rajasthan. (Owner).

3. HDFC Ergo General Insurance Company Limited, Through Branch Manager, Branch Office, Number-2, Third Floor, C-98 Sanghi Upasana Tower, Subhash Marg, C-Scheme,jaipur-

302001. (Insurance Company).

----Respondents For Appellant(s) : Mr. Ritesh Jain with Dr. Ramdeo Arya and Ms. Poonam Mishra For Respondent(s) : Mr. Chanderdeep Singh Jodha HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

28/04/2026

1. This appeal has been filed under Section 173 of Motor Vehicle Act, 1988 against the judgment and award dated 17.01.2023, passed by the learned Motor Accident Claims Tribunal, Dausa (for short ‘Tribunal’) in MAC Case No.51/2022 whereby the claim petition filed by the claimants-appellants (for short ‘claimants’) was partly allowed.

2. The brief facts of the case, as pleaded in the claim petition, are that on 04.01.2022, at around 12:30 PM, Raheesa Begum (since deceased) was coming on foot from station after purchasing vegetables and when she reached near Ramkaran Joshi Government Higher Secondary School, Dausa, a motorcycle bearing registration No.RJ-29- AS-3427, being driven by respondent No.1 in a rash and negligent manner, hit her. As a result of which, she sustained grievous injuries and later on died.

3. The claimants preferred a claim petition before the learned Tribunal for compensation on account of death of Raheesa Begum, which was partly allowed vide impugned judgment and award dated 17.01.2023 and a sum of Rs.6,03,304/- was awarded in favour of the claimants, along with interest @6% per annum from the date of filing the claim petition.

4. Being dissatisfied with the impugned judgment and award, the claimants have filed the present appeal, seeking enhancement of the compensation so awarded by the learned Tribunal.

5. Learned counsel for the claimants has submitted that the learned Tribunal has erred in calculating the monthly income of deceased on the basis of minimum wages payable to an unskilled worker by taking 26 days in a month. It is further submitted that at the time of accident, the deceased was working as labourer and was discharging her duties as a home-maker, therefore, the income of the deceased should be calculated on the basis of minimum wages payable to a skilled worker, at the relevant time, as notified by the State Government which was Rs.283/- per day by taking 30 days in a month.

5.1 It is also submitted that the compensation for the loss of consortium should be awarded to each of the claimants, in accordance with the guidelines laid down by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. v. Pranay Sethi, reported in (2017) 16 SCC 680 and Magma General Insurance Company Vs.

Nanuram @ Chuhru Ram & Ors. reported in (2018) 18 SCC 130

5.2 It is further submitted that in light of the judgment passed in Pranay Sethi (supra) increment @ 10%, should also be awarded in the compensation under the three conventional heads, namely, loss of consortium, funeral expenses, and loss of estate.

6. On the other hand, learned counsel for respondent-insurance company has opposed the submissio