Order

1. This appeal has been filed under section 173 of Motor Vehicle Act, 1988 seeking enhancement of compensation awarded, vide impugned judgment and award dated 04.04.2025 passed by the learned Motor Accident Claims Tribunal No.1, Jaipur Metropolitan-II, Jaipur (for short ‘Tribunal’) in Claim Case No.05/2024, whereby the claim petition filed by the claimants-appellants (for short ‘claimants’) was partly allowed by awarding compensation of Rs.84,22,960/- along with interest @ 6% per annum, in favour of the claimants.

2. The brief facts of the care are that on 04.11.2023, Hari Singh Shekhawat (since deceased) was returning to his home on a motorcycle bearing registration No.RJ-14-QS-9691 and at about 10:00 P.M., when he reached in front of Narayan Palace Hotel, Govindpura Kalwad Road, a loading Tata-407, bearing registration No.RJ.14-GQ-4576, driven at a very high speed in a rash and negligent manner, hit the motorcycle of the deceased from behind. As a result of the accident, he sustained grievous injuries and subsequently, succumbed to those injuries.

3. Learned counsel for the claimants submits that the sole grievance of the claimants is that the learned Tribunal has awarded Rs.40,000/- only under the head of loss of consortium which is not in accordance with the principles laid down by the Hon'ble Supreme Court in the cases of National Insurance Company Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680 and Magma General Insurance Company Vs. Nanuram @ Chuhru Ram & Ors. reported in (2018) 18 SCC 130, wherein it was held that each of the dependants is entitled to get compensation of Rs.40,000/- separately, for the loss of consortium, with increment @ 10% for every three years.

4. Per contra, learned counsel for the respondent-Insurance Company has opposed the submissions made by learned counsel for the claimants and has submitted that the impugned award is just and reasonable, therefore, requires no interference of this Court.

5. Having heard learned counsel for the parties, this Court is of the opinion that in light of guidelines laid down by the Hon'ble Supreme Court in the cases of Pranay Sethi (supra) and Nanuram (supra), each of the four claimants is separately entitled to get compensation under the head of loss of consortium and the said amount will be further enhanced by 10% for every three years.

6. As the incident in the present matter is of year 2023, therefore, the increment of 10% shall be made twice. Hence, the compensation for loss of consortium to each of the four claimants would be Rs. 48,000/-. separately (Rs.40,000/- + Rs.4,000/- + Rs. 4,000/-).

7. Consequently, the total compensation under this head would be Rs.2,40,000/-, however, the learned Tribunal has awarded Rs.40,000/- under this head.

8. In view of above discussion, the claimants are entitled to get an enhanced amount of Rs.2,00,000/- (Rs.2,40,000/- – Rs.40,000/-) under the head of loss of consortium.

9. The respondents are directed to deposit the enhanced amount within a period of one month from today. The rest of the impugned award shall remain intact.

10. It is directed that the enhanced amount shall carry the rate of interest in terms of the award passed by the learned Tribunal, from the date of filing of the claim petition till the recovery. The amount shall be disbursed in terms of the award passed by the learned Tribunal.

11. The present appeal is disposed of in the above terms.

12. All pending applications, if any, also stand disposed of.