ARUN MONGA
Angoori Devi – Appellant
Versus
Pritam Singh – Respondent
| Table of Content |
|---|
| 1. accident details and compensation claim. (Para 1 , 2) |
| 2. respondents' objections to claim petition. (Para 3) |
| 3. issues framed by tribunal for resolution. (Para 4 , 5) |
| 4. claimants' argument for compensation adjustment. (Para 6) |
| 5. court's view on compensation enhancement. (Para 9 , 10) |
| 6. final decision on enhanced compensation. (Para 11 , 12) |
| 7. disposition of pending applications. (Para 13) |
JUDGMENT
Mr. Arun Monga, J. (Oral)
Appellants before this Court are (parents of deceased victim) claimants seeking enhancement of compensation by assailing impugned award dated 10.10.2007 rendered by learned Motor Accidents Claims Tribunal, Kurukshetra (for brevity, "Tribunal") whereby claim petition filed by claimants was accepted and a sum of Rs.2,75,000/- was awarded as compensation on account of death of Rajiv Kumar.
2. Succinct facts, as noted by learned Tribunal, are as below:
Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram 2019 (3) SCC (Cri) 153
The court emphasized proper income assessment, entitlement to enhanced compensation due to loss of dependency, ensuring minor claimants receive appropriate financial support.
The court can enhance compensation awarded by a tribunal based on established income and applicable legal precedents.
Compensation for loss of dependency must reflect the deceased's earning potential, and conventional heads must be mandatorily granted in determining total compensation.
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