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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Bimla Devi – Appellant
Versus
Pawan Kumar – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Widow, son and minor daughters of the deceased Sher Singh have filed the present appeal for modification of the award dated 20.08.2009 and for enhancement of the amount of compensation awarded. Amount of compensation awarded by the Motor Accident Claims Tribunal, Karnal (hereinafter to be referred as “the Tribunal”) was Rs.5,46,500/- along with interest at the rate of 9% per annum.
2. The fact that Sher Singh had died in a motor vehicular accident on 25.07.2006 and that respondent No.1 was driver and respondent No.2 was owner of the offending vehicle and respondent No.3-Insurance Company was insurer of the said offending vehicle is not disputed before this Court. The only question which arises for consideration in the present appeal is the amount of compensation to which the present appellants/claimants are entitled to.
3. Learned counsel for the appellants has submitted that in the present case, the appellants have been granted only Rs.10,000/- on account of loss of consortium whereas appellants/claimants would be entitled to Rs.48,000/- as per settled law. It is further submitted that no amount on account of loss of filial and parental consortium had bee
Determination of compensation must consider the Income Tax Returns of deceased and include future prospects for claimants, alongside loss of consortium for dependents.
Proper assessment of the deceased's income, tax deductions, and future prospects is essential in determining compensation in motor accident claims.
The court clarified that future prospects must be factored into compensation calculations for accident victims, aligning with established legal principles for just compensation.
Point of law: Motor Vehicles –Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost th....
Compensation for loss of dependency must include future prospects, the appropriate multiplier must reflect the deceased's age, and conventional heads should follow established judicial guidelines.
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