Prabhu Lal Gurjar and Another v. Jagannath and Others
Case brief
What is this about?
Rajasthan HC Jaipur, [2025:RJ-JP:12112], S.B. Civil Miscellaneous Appeal No. 2160/2015 (CMA-2160/2015), decided 18/03/2025 by Justice Ashutosh Kumar. Enhancement appeal under Section 173, Motor Vehicles Act 1988 against MACT Jhalawar award dated 21-01-2015 in Claim Case No. 129/2013 (claim of Rs. 31,08,000/-; awarded Rs. 5,45,400/-). Deceased Gopal, aged 25 (post-mortem Ex.9), agriculturist-cum-labourer, treated as skilled worker; monthly income Rs. 4,980/- (Rs. 166/day); 40% future prospects per Pranay Sethi (2017) 16 SCC 680 giving Rs. 6,972/-; 1/3 personal-expense deduction; multiplier 17 per Sarla Verma (2009) 6 SCC 121 for age 26-30; dependency Rs. 9,49,212/-; consortium Rs. 48,000/- each (filial to father, spousal to widow) per Satinder Kaur (2021) 11 SCC 780 and Nanu Ram/Magda General Insurance (2018) 18 SCC 130; funeral expenses and loss of estate Rs. 18,000/- each; enhanced total Rs. 10,81,212/- with 8% interest from date of claim application. Appeal partly allowed; no cross-appeal by insurer.