Kishan Singh and Ors. v. Dharmraj Alias Dharmi and Ors.

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Rajasthan High Court, Jaipur Bench; S.B. Civil Miscellaneous Appeal No. 2994/2017; decided 20/03/2025; neutral citation 2025:RJ-JP:13094; Hon'ble Mr. Justice Ashutosh Kumar. Motor accident claim enhancement appeal under Section 173 Motor Vehicles Act 1988 arising from award dated 01-03-2017 of MACT No. 1, Beawar, District Ajmer in Claim Case No. 76/2015. Death of Chandrashekhar Singh (about 20 years, unmarried, driver) in accident of 26-08-2014 involving vehicle No. RJ-06-CB-7114 (driver Dharmraj, owner Jitendra Burad, insurer United India Insurance Company Ltd.). Key rulings: Tribunal's reliance on Kishan Gopal v. Lala for notional income of Rs. 30,000 per annum held erroneous and distinguished; income fixed at prevailing minimum wage treating deceased as unskilled worker (Rs. 189/day, Rs. 5,670/month); 40% future prospects added per Pranay Sethi (2017) 16 SCC 680; one-half personal-expense deduction for bachelor deceased; multiplier 18 per Sarla Verma (2009) 6 SCC 121; loss of dependency Rs. 8,57,304; filial consortium Rs. 48,000 each to parents (Rs. 96,000) per Satinder Kaur (2021) 11 SCC 780 and Nanu Ram (2018) 18 SCC 130; no consortium to siblings; funeral expenses Rs. 18,000; loss of estate Rs. 18,000; total award Rs. 9,89,304 against Tribunal's Rs. 6,05,000 (enhancement Rs. 3,84,304) with 8% per annum interest from date of filing of claim petition; appeal partly allowed. Claimants/appellants: Kishan Singh, Paras Kanwar, minor Virendra Singh and Lokesh Kanwar; advocates Ravi Singh/Jai Prakash Gupta for appellants, Ram Singh Bhati for respondents.