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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Rekha Kaushik – Appellant
Versus
Suresh – Respondent
JUDGMENT
SUDEEPTI SHARMA J .
1. The present appeal has been preferred against the award dated 12.08.2024 passed in the claim petition filed under Section 166 of the MOTOR VEHICLES ACT , 1988 by the learned Motor Accident Claims Tribunal, Panipat (for short, 'the Tribunal’) for enhancement of compensation granted to the claimants to the tune of Rs.10,78,000/- along with interest @ 7% per annum, on account of death of Ram Narain in a Motor Vehicular Accident, occurred on 06.12.2021.
2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not required to be reproduced here for the sake of brevity.
SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES
3. The learned counsel for the claimants-appellants contends that the amount assessed by the learned Tribunal is on the lower side and deserves to be enhanced. Therefore, he prays that the present appeal be allowed and amount of compensation be enhanced as per latest law.
4. Per contra, learned counsel for the respondents, however, vehemently argues that the award has rightly been passed and the amount of compensation, as assesse
Compensation calculation under the Motor Vehicles Act must include total earnings without deducting pension benefits, and married daughters are entitled to compensation irrespective of dependency.
Compensation for motor vehicle accidents must consider full taxable income, including allowances and future prospects, with appropriate deductions for living expenses based on dependents.
Married sons are entitled to claim compensation as legal representatives under the Motor Vehicles Act, regardless of dependency, following principles established in previous judgments.
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