[2025:RJ-JP:2030] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 139/2019 in S.B. Civil Misc. Appeal No. 3318/2015 1. Smt. Prabhati Devi W/o Late Jagdish, Aged About 48 Years, R/o Gram Heerawal Post Kithara Khurd, Kanota, Distt. Jaipur (Raj) 2. Jai Narayan S/o Late Jagdish Yadav, Aged About 28 Years, R/o Gram Heerawal Post Kithara Khurd, Kanota, Distt. Jaipur (Raj) 3. Ku. Rekha D/o Late Jagdish Yadav, Aged About 23 Years, R/o Gram Heerawal Post Kithara Khurd, Kanota, Distt. Jaipur (Raj) 4. Krishan Kumar S/o Late Jagdish Yadav, Aged About 18 Years, R/o Gram Heerawal Post Kithara Khurd, Kanota, Distt. Jaipur (Raj) 5. Smt. Rukma Devi W/o Late Nathuram, Aged About 73 Years, R/o Gram Heerawal Post Kithara Khurd, Kanota, Distt. Jaipur (Raj) ----Petitioners Versus 1. Anwar Khan S/o Shri Jumma Khan, R/o Gram Kalawas, Tehsil Lalsot Distt. Dausa (Driver) 2. Amit Kumar Sharma And Kamlesh Kumar Sharma Sons Of Shri Mohan Lal Sharma, R/o Bawla Pada, Lalsot Distt. Dausa (Owner) 3. National Insurance Company Limited Through Divisional Manager, Panch Batti, M.i.road, Jaipur (Insurer) ----Respondents For Petitioner(s) : Mr. Manoj Seth for Mr. Ram Sharan Sharma For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN [2025:RJ-JP:2030] (2 of 3) [CMAP-139/2019] Order 15/01/2025 1. The applicant-claimants have filed S.B. Civil Misc. Appeal No. 3318/2015 and same was disposed of on 01.09.2017 by a Co- ordinate Bench of this Court. The claimant-appellants had filed misc. appeal dis-satisfied from inadequate compensation and while considering the same, a Co-ordinate Bench an order that in case, the issue of future prospects which was pending consideration before the larger Bench of Hon’ble Supreme Court is decided in favor of claimants and the claimants are entitled for future prospects with interest from insurance company. 2. A co-ordinate Bench of this Court has already ruled in favor of claimants (applicants herein) about the entitlement but the payment was subjected to decision of larger Bench of Hon’ble Apex Court after decision on 01.09.2017. This issue was already decided by a Constitution Bench in case of National Insurance Company Limited Vs. Pranay Sethi (2017) 16 SCC 680, therefore, the claimants are entitled for future prospects as directed by this Court in order dated 01.09.2017. 3. The insurance company is duty bound to deposit the amount of future prospects before the Tribunal in pursuant to order dated 01.09.2017. In case, same is not deposited within a reasonable time, i.e. 60 days from now, then the claimants are entitled to file an execution for recovery of aforesaid and the amount shall be quantified by the Tribunal before issuing a warrant of recovery either under Order 21 Rule 30 of CPC or Section 174 of Motor Vehicle Act, as the case may be. [2025:RJ-JP:2030] (3 of 3) [CMAP-139/2019] 3. With aforesaid, S.B. Civil Miscellaneous Application No. 139/2019 is hereby disposed of. (ASHOK KUMAR JAIN),J MONU /214