JITENDRA KUMAR SAINI S/O SHRI SHRIRAM SAINI vs SUFIYAN S/O SAJID SAIYAD — CMA/429/2024
Case under Motor Vehicles Act Section 173. Disposed: Contested--DISPOSED OF on 11th May 2026.
CNR: RJHC021064852023
Filing Number
CMA/58432/2023
Filing Date
21-Dec-2023
Registration No
CMA/429/2024
Registration Date
17-Jan-2024
Judge
Ashutosh Kumar (V.j.)
Coram
Ashutosh Kumar (V.j.)
Bench Type
Single Bench
Category
Compensation Matters (MACT) ( 1700 )
Judicial Branch
CIVIL
Decision Date
11-May-2026
Nature of Disposal
Contested--DISPOSED OF
Last updated 30-May-2026
Acts & Sections
Petitioner(s)
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1.JITENDRA KUMAR SAINI S/O SHRI SHRIRAM SAINI
Adv. RAM DAYAL SAINI
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2.VIRENDRA SAINI S/O SHRI JITENDRA KUMAR SAINI
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3.ROSHNI KUMARI D/O SHRI JITENDRA KUMAR SAINI
Respondent(s)
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1.SUFIYAN S/O SAJID SAIYAD
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2.MOHAMMED FAROOK NAYAK S/O ABDUL JABBAR NAYAK
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3.AAKIB S/O MOHAMMED RAFEEK KHAN
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4.IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED
Adv. CHANDERDEEP SINGH JODHA
Case History
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Case disposedDisposed
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11-May-2026
Ashutosh Kumar (V.j.)View PDF
Case Summary: CMA/429/2024 Court Decision: The Rajasthan High Court partially allowed the appeal, increasing compensation from ₹8,56,894 to ₹14,48,688. The court recalculated the deceased's monthly income at ₹11,886 (with 40% future income increase), rejected the 25% negligence deduction for not wearing a helmet, awarded ₹1,32,000 as consortium damages (₹44,000 per dependent), and increased funeral/loss of property claims to ₹33,000 combined, with 8% annual interest from filing date. Key Reasoning: Following Supreme Court precedent (*Anjana Narayan Kamble*), the court held that traffic violations alone don't justify compensation reduction without proof that accident avoidance was possible. The deceased's student status justified using an 18-multiplier on adjusted income, and dependent family members deserved enhanced consortium compensation per established judicial principles. This case analysis is maintained by casestatus.in based on publicly available court records.
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11-May-2026
For Admission- Notice Served
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12-Mar-2024
Uma Shanker VyasView PDF
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21-Dec-2023
Case filed
Registration No. CMA/429/2024
Case Summary: CMA/429/2024 Court Decision: The Rajasthan High Court partially allowed the appeal, increasing compensation from ₹8,56,894 to ₹14,48,688. The court recalculated the deceased's monthly income at ₹11,886 (with 40% future income increase), rejected the 25% negligence deduction for not wearing a helmet, awarded ₹1,32,000 as consortium damages (₹44,000 per dependent), and increased funeral/loss of property claims to ₹33,000 combined, with 8% annual interest from filing date. Key Reasoning: Following Supreme Court precedent (*Anjana Narayan Kamble*), the court held that traffic violations alone don't justify compensation reduction without proof that accident avoidance was possible. The deceased's student status justified using an 18-multiplier on adjusted income, and dependent family members deserved enhanced consortium compensation per established judicial principles. This case analysis is maintained by casestatus.in based on publicly available court records.
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