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ALKA SARIN
Baljit Kaur – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. validity of compensation awarded for the deceased. (Para 1) |
| 2. arguments regarding income assessment from various sources. (Para 2 , 3) |
| 3. assessment methodology for compensation. (Para 4 , 5 , 6) |
| 4. calculation breakdown of enhanced compensation and additional heads. (Para 7 , 8) |
| 5. conclusion and modification of tribunal's award. (Para 9 , 10) |
JUDGMENT
Alka Sarin, J. (Oral)
The only challenge in the present appeal is to the quantum of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the 'Tribunal') vide award dated 04.12.2002 whereby an amount of Rs.6,72,000/- was awarded to the claimant-appellants on account of death of Jaspal Singh Grewal (hereinafter referred to as the 'deceased'). Since the factum of the accident is not in dispute, the facts are not being adverted to for the sake of brevity.
2. The deceased in the present case was 45 years of age at the time of accident i.e. on 09.03.2001. Learned counsel for the claimant-appellants would contend that as per the income tax returns, the income of the deceased was shown from two sources; one from business and one from agricultural work. The Tribunal has assessed the
Income assessment for compensation must reflect realistic estimates, not merely minimum wage, ensuring just compensation based on evidence and established legal principles.
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