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ALKA SARIN
Oriental Insurance Company Limited – Appellant
Versus
Uma Devi – Respondent
JUDGMENT
Alka Sarin, J. (Oral)
The present appeal as well as Cross Objections have been filed challenging the award dated 24.11.2021 whereby the Motor Accident Claims Tribunal, SAS Nagar (Mohali) (hereinafter referred to as the 'Tribunal') awarded an amount of Rs. 17,50,000/- along with interest @ 7% per annum from the date of filing of the claim petition till realization to the claimant-respondent Nos.1 to 4 on account of death of Somai (hereinafter referred to as the 'deceased').
2. The brief facts relevant to the present lis are that on the intervening night of 22/23.02.2019, after completing his work as Cook in Silver Oak Palace, Sirhind Road, Patiala, Somai (deceased) and his co-workers were going to their respective houses by foot. The deceased and the co-workers were walking on the left side on katcha portion of the road and their contractor, namely, Dhamsa Prasad, was standing in front of the Silver Oak Palace on his motorcycle. At about 12.00 a.m., a Bolero Jeep bearing registration No.PB-11-BT-6226 (hereinafter referred to as the 'Offending Vehicle') came at a very fas
The court emphasized the necessity of accurately assessing income and loss of consortium in compensation claims, ensuring just compensation for dependents based on established legal principles.
The court applied the legal principles discussed in The New India Assurance Company Ltd. v. Smt. Somwati & Ors. to assess the compensation for the deceased's income, loss of love & affection, loss of....
The main legal point established is the application of 'just compensation' principles and the importance of following settled principles in determining fair compensation for death in a motor accident....
Compensation in motor accident cases should be assessed based on actual income and future prospects, not solely on minimum wage standards.
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