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SANJAY VASHISTH
Gagandeep @ Monti – Appellant
Versus
Sukhbir Singh – Respondent
| Table of Content |
|---|
| 1. deprivation of compensation under the motor vehicles act. (Para 1 , 2 , 3) |
| 2. assessment of permanent injuries and liabilities. (Para 5 , 6 , 7 , 8) |
| 3. re-evaluation based on new medical evidence. (Para 15 , 16 , 21) |
| 4. determination of just compensation for injured parties. (Para 19 , 20 , 23) |
| 5. finalization of compensation amount and interest rates. (Para 25 , 27) |
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 neg
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....
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