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SANJAY VASHISTH
Gagandeep @ Monti – Appellant
Versus
Sukhbir Singh – Respondent
JUDGMENT :
Sanjay Vashisth, J.
This case is a locus classicus wherein the injured-victim has been deprived of just compensation for more than two decades (a total of more than 24 years), awarding of which is the primary objective of the Motor Vehicles Act, 1988. Unfortunately, responsibility for such a delay cannot be fixed on anyone except our system, which requires introspection and self-assesment, to equip itself for making an early decision, especially in the cases which involves painful or sensitive subject matter.
2. Appellant-Gagandeep @ Monti (hereinafter referred to as ‘claimant’) was 16 years old on the worst day of his life i.e. on 18.06.2000, when he was hit by the driver of an offending truck bearing HR-37-A-0921, namely, Sukhbir Singh (respondent No.1), who was driving in a grossly rash and negligent manner. Respondent No.2-Subhash Kumar was the owner of the vehicle and respondent No.3 is the Insurance Company with which the said truck was insured. Though not much needs to be discussed but starting with summarized facts may help in advancing justice by taking a compassionate view while awarding the adequate and just amount of compensation, thus, the same are discussed he
Compensation for accident victims must be just and equitable, reflecting long-term impacts, including future medical needs and pain; under-compensation in previous awards is impermissible under statu....
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
it should be at least Rs. 6,00,000/- if the disability is more than 90%. As far as the present case is concerned, in addition to the 100% physical disability the young girl is suffering from severe i....
The court affirmed that compensation under the Motor Vehicles Act must be just and fair, considering the severity of injuries and the claimant's permanent disability.
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