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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
PRAMIL KUMAR MATHUR
Shankar Lal Soni, S/o Shri Pithram Soni – Appellant
Versus
Prahlad Gurjar, son of Nandram Gurjar – Respondent
JUDGMENT :
PRAMIL KUMAR MATHUR, J.
1. The instant civil miscellaneous appeal has been preferred by the appellants-claimants under Section 173 of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as ‘the Act’) praying enhancement in the award dated 21.03.2016 passed by the Presiding Officer, Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur, in claim case No. 966/2014 titled as Shankar Lal Soni and ors. vs. Prahlad Gurjar and ors. whereby the learned Tribunal has awarded compensation of Rs. 6,05,000/- in favour of appellants-claimants along with interest @ 6% per annum on account of death of Smt. Kaushlya Devi.
2. Briefly stated the facts of the case are that on 01.10.2014 deceased Smt. Kaushlya Devi was walking with her husband on Road No.9 VKIA near Carnation Auto, Vehicle bearing Registration No. RJ-14-GC-4272 came from backside in fast speed in rash and negligent manner and hit Smt. Kaushlya Devi who sustained grievous injuries and during the course of treatment died, hence claim petition was filed before the Tribunal.
3. Notices were served to the respondents. Respondents No.1 and 2 i.e. driver and owner remained ex parte. Respondent No.3- Insurance Company of
Court re-assessed compensation based on minimum wage standards and future prospects for a deceased housewife, enhancing the total award to Rs. 9,95,100/.
The court emphasized adherence to Supreme Court guidelines for calculating compensation, particularly regarding future prospects and conventional heads, leading to a modified award of Rs. 16,67,400.
Compensation for a housewife must reflect her invaluable contribution and adhere to minimum wage standards, with adjustments for disability and future prospects.
The court applied relevant Supreme Court rulings to determine compensation for the deceased's death in a road accident.
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