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Rajasthan High Court – Jodhpur
Musa Khan vs Aasu Dan (2025:Rj-Jd:37590) on 21 August, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:37590]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 418/2020
1. Musa Khan S/o Aarbab Khan, Aged About 30 Years, B/c
Musalman, R/o Kerkori, Jaisindhar Station Tehsil Gadra
Road, District Barmer.
2. Smt. Dhai W/o Musa Khan, Aged About 31 Years, B/c
Musalman, R/o Kerkori, Jaisindhar Station Tehsil Gadra
Road, District Barmer.
----Appellants
Versus
1. Aasu Dan S/o Sukh Dan, B/c Charan, R/o Marva, P.s.
Pokaran, District Jaisalmer. (Driver)
2. Director General, Home Guard, Headquarter Jaipur
(Owner)
----Respondents
For Appellant(s) : Mr. R.J. Punia
For Respondent(s) : Mr. Govind Lal Suthar
Mr. Sanwar Lal
HON'BLE DR. JUSTICE NUPUR BHATI
Order
21/08/2025
1. The present civil misc. appeal has been preferred by the
appellants/claimants under Section 173 of the Motor Vehicles Act, 1988
(‘MV Act‘) assailing the judgment and award dated 13.01.2020 passed
by learned Judge, Motor Accident Claims Tribunal, District Banswara,
(‘learned Tribunal’) in Claim Case No.89/2019 whereby the learned
Tribunal partly allowed the claim petition filed by the claimants and
awarded compensation of Rs.2,50,000/- along with interest @ 7 % p.a.
while fastening the liability upon the respondents jointly and severally.
2. Brief facts of the case are that on 14.01.2017, the appellants
were going in a Bolero car bearing Registration No.RJ-04-TA-3613
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[2025:RJ-JD:37590] (2 of 5) [CMA-418/2020]
at around 12:15 PM towards Jaisindhar villlage from Gadra Road,
along with 2 minor children. As soon as the said vehicle reached
on the circle of the above village, a bus bearing registration No.RJ-
14-PD-4553, driven in a rash and negligent manner, hit the bolero
car, wherein the occupants sustained grievious injuries. Amongst
the injured person, minor son namely Altaf aged 2 months,
succumbed during the treatment. An FIR was lodged against
driver of the bus and the chargesheet came to be filed against the
respondent No.1-Driver. Notices were issued to the respondents
and respondent No.1 by fiilng the reply to the claim petition,
denied the averments made thereunder whereas, respondent No.2
accepted the fact of occurring of accident due to the rash and
negligent driving of the respondent No.1-Driver. Oral as well as
documentary evidences were exhibited by the claimants to prove
their case.
3. On the basis of pleadings of parties, the learned Tribunal has
framed as many as 3 issues and after hearing the parties, the learned
Tribunal decided the claim petition of the claimants vide award and
judgment dated 03.10.2019 and whereby the claimants / appellants
were awarded the compensation in the tune of Rs. 02,50,000/- along
with 7 percent interest from the date of filing of claim petition dated
12.07.2017 and thus, being dissatisfied of the quantum, the appellants
have preferred the instant misc. appeal.
5. Learned counsel for the appellants submits that the learned
Tribunal has erred in awarding lump sum compensation to the
complainants without considering the notional income and without
applying the multiplier of 15, as mandated by the Hon’ble Supreme
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[2025:RJ-JD:37590] (3 of 5) [CMA-418/2020]
Court in Divya vs. The National Insurance Co. Ltd. & Ors. [2022
INSC 1108].
6. Learned counsel for the respondent No.2-Director General, Home
Guard, Jaipur, vehemently objects and submits that the award passed
by the learned tribunal is just and does not warrants any interference.
7. I have heard and considered the submissions advanced at Bar and
have gone through the material available on record.
8. This Court finds that the learned Tribunal has awarded the amount
of Rs.2,50,000/- as quantum of compensation to the appellants /
claimants. However, this court finds that the Hon’ble Supreme Court in
the case of Kishan Gopal and Ors. Vs. Lala and Ors. : [(2014) 1
SCC 244], where the age of the deceased child was 10 years has taken
the notional income of the deceased child as Rs. 30,000/- p.a. looking
to the facts and circumstances. Further, the Hon’ble Supreme Court in
the case of Kurvan Ansari and Ors. Vs. Shyam Kishore Murmu and
Ors. : [(2022) 1 SCC 317], where the age of the deceased child was
7 years, has taken notional income of the deceased child as Rs.
25,000/- p.a. and after applying Multiplier of 15 awarded total of Rs.
3,75,000/- under the head of ‘loss of dependency’ and also an amount
of Rs. 40,000/- to each of the parents under the head of filial
consortium and Rs.15,000/- under the head of funeral expenses.
Furthermore, the Hon’ble Supreme Court in the case of Meena Devi
Vs. Nunu Chand Mahto and Ors : [(2023) 1 SCC 204], where the
age of the deceased child was 12 years, has taken the notional income
as Rs. 30,000/- p.a. including future prospect and applied Multiplier of
15 to arrive at the compensation awardable under the head of ‘loss of
dependency’ and awarded Rs. 50,000/- under the conventional heads.
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9. Thus, looking to the age of the deceased child (i.e., 2 months)
and peculiar facts and circumstances of the present case and in the light
of the above cited judgments, this court deems it appropriate to take
the notional income of the deceased child as Rs.15,000/- p.a. Also, the
applicable multiplier would be of 15 in the light of the judgment of the
Hon’ble Supreme Court in the case of Divya vs. The National
Insurance Co. Ltd. and Ors. : [2022 INSC 1108]. Further, looking
into the facts of the instant case where there are two claimants
including mother and father of the deceased, this court deems it just to
award Rs.1,15,000/- towards conventional heads.
10. Thus, in view of discussion in the above paragraphs the
compensation awardable to the appellants/claimants is as under:
Particulars Awarded by Tribunal Awarded/modified
by the Court
Loss of dependancy Rs.2,25,000/-
(i.e. Rs.15,000/- x 15) Rs.2,50,000/- [A] (Lump-sum) Conventional Heads [C] Rs.1,15,000/- [B] Total [A] + [B] Rs.3,40,000/- [D] Enhanced Amount Rs.3,40,000 - Rs.2,50,000= Rs.90,000/- [D]-[C]
11. Thus, the instant appeal preferred by the appellants/claimants is
partly allowed. The impugned award passed by the learned tribunal is
modified accordingly.
12. Therefore, the appellants/claimants are held entitled to get
enhanced compensation of Rs.90,000/- along with interest @ 7%
(same as awarded by the learned tribunal) from the filing of the claim
petition as per direction of the learned tribunal as modified by this
Court. The enhanced amount of compensation be paid by the Insurance
Company along with interest @ 7% p.a. from the date of the filing of
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[2025:RJ-JD:37590] (5 of 5) [CMA-418/2020]the claim petition after adjusting the amount, if any paid. No order as to
costs.
(DR. NUPUR BHATI),J
371-Sumit/-
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