JUDGMENT : Nupur Bhati, J. 1. The appellants/claimants have preferred this misc. appeal under Section 173 of the M.V. Act, 1988 seeking enhancement of the compensation awarded by learned Judge, Motor Accident Claims Tribunal-I, Jodhpur vide judgment and award dated 24.02.2020 passed in MAC Case No.287/2014 (N.C.V. No.2393/2014), whereby the learned Tribunal partly allowed the claim petition filed by the appellants/claimants and awarded compensation of Rs.10,50,220/- in favour of appellants/claimants along with interest @ 9% per annum from the date of filing the claim petition i.e. from 11.11.2014. The learned Tribunal vide the aforesaid judgment and award exonerated the non-claimants No.4 to 6 from their liability to satisfy the award and held the non-claimants No.1 to 3 to pay the compensation. 2. Briefly stated, the facts of the case are that the appellants/claimants filed a claim petition under Section 166 of the M.V. Act, 1988 before the learned Tribunal claiming compensation on account of death of their breadwinner, late Sh. Sampat @ Sampatraj, who died in the accident. It was inter-alia alleged in the claim petition that on 26.10.2013 deceased Sampat @ Sampatraj along with Shyamlal and Premaram were going from Jodhpur to their village in Qualis vehicle bearing registration number RJ-21-UA-2889. The said vehicle was being driven by Premaram. At about 06:30 pm, when the said vehicle reached near Peethawas turn, a Tanker which was coming from Bilara bearing registration number RJ-04-GA-6598 and driven by its driver Mag Singh @ Magh Singh rashly and negligently, hit the Qualis car, as a result of which on account of injuries suffered by Sh. Sampat @ Sampatraj, he expired. An FIR (155/2013) of the accident was lodged at Police Station Dangiyawas, Jodhpur, wherein after investigation, charge sheet came to be filed against the driver of offending tanker. The appellants/claimants thus filed claim petition claiming compensation of Rs.85,70,000/- from the non-claimants. 3. After the claim petition being registered, summons were issued to the non-claimants. Despite service upon non-claimants No.1, 2 and 4 when nobody appeared on their behalf, exparte proceedings were drawn against them. 4. On behalf of non-claimant No.3 i.e. the New India Assurance Co. Ltd. reply to claim petition was filed while alleging therein that the fault was on the part of driver of Qualis vehicle and there was no negligence of the driver of the tanker, insured with the non-claimant No.3. 4. On behalf of non-claimant No.3 i.e. the New India Assurance Co. Ltd. reply to claim petition was filed while alleging therein that the fault was on the part of driver of Qualis vehicle and there was no negligence of the driver of the tanker, insured with the non-claimant No.3. It was further alleged that the driver of the vehicle was not having valid and effective licence and further the vehicle was being plied without valid and effective permit. It was thus alleged that since there was violation of the conditions of the policy, the insurance company was not liable to pay the compensation. A prayer for dismissal of claim petition was made by the non-claimant No.3. 5. On behalf of non-claimant No.6 i.e. Bajaj Allianz General Insurance Co. Ltd. reply to claim petition while stating therein that the accident occurred due to negligence on the part of driver of the Tanker, inasmuch as police after investigation filed charge sheet against the driver of tanker. An objection with regard to driver of Qualis vehicle not having valid and effective licence and valid permit was also raised. It was thus prayed that the claim petition be rejected. Evidence of non-claimants No.5, 7 and 8 was closed. 6. On the basis of pleadings of the parties, the learned Tribunal framed four issues including relief. In support of their claim petition, the appellants/claimants examined two witnesses viz. AW.1 Veesu Devi and AW.2 Jagmal Singh and 16 documents were exhibited. On behalf of non-claimant No.3, NAW.1 Bhanwarlal Jat was examined and in documentary evidence, Ex.NA1 site map was exhibited. 7. The learned Tribunal thereafter heard arguments of the parties and after perusing the material placed before it vide its judgment and award dated 24.02.2020 awarded compensation in favour of claimants to tune of Rs.10,50,220/- along with interest @ 9% per annum while exonerating the non-claimants No.4 to 6 from their liability to satisfy the award and holding the non-claimants No.1 to 3 to pay the compensation. 8. Learned counsel for the appellant/claimants, at the outset, submits that under the head of consortium, the learned Tribunal has awarded a sum of Rs.40,000/- for four claimants, which in the light of judgment passed by Hon’ble Apex Court in the case of National Insurance Co. Ltd vs Pranay Sethi : 2017 (16) SCC 680 deserves to be enhanced accordingly. 8. Learned counsel for the appellant/claimants, at the outset, submits that under the head of consortium, the learned Tribunal has awarded a sum of Rs.40,000/- for four claimants, which in the light of judgment passed by Hon’ble Apex Court in the case of National Insurance Co. Ltd vs Pranay Sethi : 2017 (16) SCC 680 deserves to be enhanced accordingly. Learned counsel for the appellant further submits that the amount of compensation awarded under the heads of loss of estate and funeral expenses also deserves to be suitable enhanced as per the law laid down by Hon’ble Apex Court in the case of Pranay Sethi (supra). 9. On the other hand, learned counsel for the respondent No.3/ non-claimant No.3 opposes the submissions made by counsel for the appellants and submits that the learned Tribunal has erred in exonerating the non-claimant No.6/respondent No.6 i.e. insurer of Qualis vehicle. He further submits that the learned Tribunal has awarded compensation by the learned Tribunal is adequate and the same calls for no enhance. 10. Learned counsel appearing for respondent No.6/Non-claimant No.6, insurer of Qualis vehicle, submits that there was no fault of the driver of the driver of Qualis vehicle and further the charge sheet was filed against the driver of the offending Tanker and, therefore, the learned Tribunal has rightly exonerated the non-claimant No.6 from its liability. 11. I have considered the submissions made by counsel for the appellants and the respondents No.3 and 6 and have perused the material available on record. 12. This Court finds that in view of law laid down by Hon’ble Apex Court in the case of Pranay Sethi (supra), the claimants are entitled to enhancement under the heads of consortium, loss of estate and funeral expenses. 13. Accordingly, in view of above discussion, the instant misc. appeal preferred by the appellants/claimants is partly allowed. The judgment and award dated 24.02.2020 passed by learned Judge, Motor Accident Claims Tribunal-I, Jodhpur in MAC Case No.287/2014 (NCV No.2393/2014) is modified accordingly and the claimants are held entitled to get enhanced compensation as under: - S.No. Particulars Amount awarded by the Tribunal Amount awarded and enhanced by this Court 1. Compensation under the head of loss of income Rs.9,80,720/- Rs.9,80,220/- 2. Consortium (Rs.48,000 x 4) Rs.40,000 Rs.1,92,000/- 3. Loss of Estate Rs.15,000/- Rs.18,000/- 4. Compensation under the head of loss of income Rs.9,80,720/- Rs.9,80,220/- 2. Consortium (Rs.48,000 x 4) Rs.40,000 Rs.1,92,000/- 3. Loss of Estate Rs.15,000/- Rs.18,000/- 4. Funeral Expenses Rs.15,000/- Rs.18,000/- Grand Total Rs.10,50,220/- Rs.12,08,220/- Less amount awarded by learned Tribunal Rs.10,50,220/- Rs.1,58,000/- 14. The appellants/claimants are thus held entitled to get enhanced compensation of Rs.1,58,000/-. The respondent No.3/ non-claimant No.3 is accordingly directed to pay the said enhanced compensation to the appellants/claimants within a period of six weeks from the date of receipt of certified copy of this order. No interest shall be payable on the amount awarded under the heads of consortium, funeral and loss of estate, inasmuch as the amount awarded carries an increase of 10% every three year, in view of judgment passed by a Coordinate Bench of this Court in the case of Rasal Kanwar v. Harish Chand : S.B. Civil Misc. Appeal No.1099/2019 decided on 20.03.2024. No costs.