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SUDEEPTI SHARMA
Mamta – Appellant
Versus
Happy – Respondent
JUDGMENT :
Sudeepti Sharma, J.
The present appeal has been preferred against the award dated 24.10.2005 passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short, ‘the Tribunal’) whereby the claimants-appellants have been granted compensation to the tune of Rs.4,17,500/- alongwith interest @7.5% per annum, for the enhancement of the awarded amount.
BRIEF FACTS OF THE CASE
2. The brief facts of the case are that on 03.07.2002 the claimants – Master Lucky, Prabha Devi, Prem Kishore and Sanjay Dubey were travelling in Maruti Van bearing registration No. CH-01-J-1101 being driven by respondent No.1 Happy. They were going towards Ambala Cantt. When the aforesaid maruti van crossed the chowk of Hallo Majra it tried to over-take a truck going ahead of it. Due to high speed of the van respondent No.1 could not control the same. As a result thereof, the van dashed into the truck from its back side. In this accident, the claimants - Lucky, Prabha Devi and Prem Kishore sustained multiple injuries on their persons whereas Sanjay Dubey (since deceased) sustained fatal injuries.
3. Upon notice, respondent No.1 remained ex-parte. Respondent Nos.2 and 3 appeared and denied the factum
The court established the ability to convert claims from Section 163-A to Section 166 of the Motor Vehicles Act, allowing for cases based on negligence to receive thorough examination and compensatio....
The court clarified the distinction between claims under Sections 163-A and 166 of the MV Act, emphasizing the necessity of establishing negligence for appropriate compensation.
Compensation under Section 163A of the Motor Vehicles Act must adhere strictly to the Second Schedule, excluding Future prospects and non-pecuniary damages.
The family pension received by the wife of the deceased in a road traffic accident is not a "pecuniary advantage" and is not liable for deduction while determining the compensation under the provisio....
Compensation for fatal accidents under the Motor Vehicles Act must follow the structured formula in the Second Schedule, with recent amendments not applying retrospectively.
Compensation for fatal accidents under the Motor Vehicles Act must follow the structured formula in the Second Schedule, with recent amendments not applying retrospectively.
The amended Second Schedule has to be taken into account in pending proceedings under Section 163A for deciding the quantum of compensation.
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