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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Sunita – Appellant
Versus
Vinod Singh – Respondent
JUDGMENT
AHSANUDDIN AMANULLAH, J.
Leave granted.
2. The present appeal mounts a challenge to the Final Judgment and Order dated 24.05.2018 in FAO No.3026/2016 (O&M) (hereinafter referred to as the ‘Impugned Order’) passed by a learned Single Bench of the High Court of Punjab & Haryana at Chandigarh (hereinafter referred to as the ‘High Court’), whereby the appeal filed by the appellants was partly allowed and the compensation awarded by the learned Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as the ‘MACT’) was enhanced from Rs.4,31,680/- (Rupees Four Lakhs Thirty-One Thousand Six Hundred Eighty) to Rs.5,96,761/- (Rupees Five Lakhs Ninety-Six Thousand Seven Hundred Sixty One) and interest was enhanced from 7% per annum to 7.5% per annum. After the matter traversed to this Court, it was referred to the Special Lok Adalat held in this Court on 31.07.2024, but the parties concerned could not reach an agreement.
FACTUAL PREMISE:
3. Briefly stated, the case set up by the appellants is that on 07.02.2003 at around 07:00 a.m., Smt. Tarawati, was going on foot to the bus stand of Village Sanjarwas Phogat, when the offending truck bearing Registration No.HR-46A-1118 being dr
Death in motor accident – Motor Vehicles Act, 1988 is a beneficial and welfare legislation and it is duty of Court to award just compensation.
The court established that a housewife's notional income should be assessed based on minimum wage standards, and conventional heads must align with Supreme Court precedents for just compensation.
In fatal motor accidents addition of notional income of deceased towards future prospects of deceased is integral component of compensation.
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
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