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HARKESH MANUJA
Parvinder Kaur – Appellant
Versus
Kusum Goyal – Respondent
JUDGMENT
Harkesh Manuja, J.
This order of mine shall dispose of the present appeal seeking enhancement of compensation while impugning the award dated 03.10.2007 passed by the learned Motor Accident Claims Tribunal, Chandigarh (in brevity, 'the Tribunal'), whereby, compensation of Rs. 35,000/- has been awarded to the appellant/ claimant along with interest @ 7.5% per annum. Further, this order shall also dispose of cross-objections filed at the instance of Owner-respondent No. 1 on the aspect of liability being fixed upon her.
Brief Facts
2. The appellant/ claimant being injured filed claim petition before learned Tribunal praying for grant of compensation to the tune of Rs. 10,00,000/- on account of injuries suffered by her in a motor vehicular accident alleging rash and negligent driving by respondent No. 3.
3. After going through the claim petition and evaluating the evidence led by both the parties, learned Tribunal arrived at a conclusion that the accident occurred on account of rash and negligent driving of respondent No.3 and awarded compensation in the following manner :-
| Sr. No. | Nature | Amount in Rupees |
| 1. | Hospitalization/Medical expenses | Rs. 20,000/- |
| 2. | ||
The court held that compensation for injuries must consider future earning capacity and permanent disability, and vehicle owners are not liable for drivers with seemingly valid licenses unless inform....
The court affirmed that the Insurance Company is liable for compensation despite the absence of a driving license for the driver, emphasizing the need for sufficient evidence to support claims agains....
The judgment establishes that compensation for personal injury must reflect actual income, future prospects, and the extent of disability, ensuring just compensation under the Motor Vehicles Act.
The central legal point established in the judgment is the principle of fair and just compensation for motor vehicle accidents, focusing on restoring the claimant to their pre-accident position in a ....
Insurance Companies are liable to pay compensation regardless of the driver's licensing status, with the right to recover from the vehicle owner.
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