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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Asha Devi – Appellant
Versus
Harminder Pal – Respondent
| Table of Content |
|---|
| 1. compensation awarded for wrongful death (Para 1 , 2 , 3) |
| 2. arguments regarding policy deduction (Para 4 , 5) |
| 3. court analysis on policy deductions and compensation calculations (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. modification of award and payment directives (Para 12 , 13 , 14) |
JUDGMENT :
ALKA SARIN, J.
1. The present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation awarded vide the impugned award dated 28.04.2022 passed by the Motor Accident Claims Tribunal, Rupnagar, (hereinafter referred to as ‘Tribunal’).
2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.
3. The Tribunal in the present case had awarded the following compensation :
| Sr. No. | Heads | Compensation Awarded |
| 1 | Monthly income | Rs.33,000/- |
| 2 | Annual income | [Rs.33,000 x 12] = Rs.3,96,000/- |
| 3 | Future prospects 30% | [Rs.3,96,000 + 1,18,800] = Rs.5,14,800/- |
| 4 | Deduction 1/3rd | [Rs.5,14,800 – 1,71,600] = Rs.3,43,200/- |
| 5 | Multiplier of ‘13’ | [Rs.3,43,200 x 13] = Rs.44,61,600/- |
| 6 | Funeral expenses | Rs.15,000/- |
| 7 | Loss of estate | Rs.15,000/- |
| 8 | Love of consortium | Rs.40,000/- |
| 10 | Total Compensation | Rs.45,31,6 |
Amounts received under insurance policies cannot be deducted from compensation awarded under the Motor Vehicles Act as they pertain to separate contractual rights without correlation, affirming the p....
Deductions for allowances from deceased's income in motor accident claims are impermissible; courts should enhance compensation based on actual earnings and future prospects.
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
Interpretation of 'pecuniary advantage' and 'compassionate appointment' under the Motor Vehicles Act, and the application of multiplier and deduction guidelines for calculating compensation.
Deduction can be ordered only where the tortfeasor satisfies the court that the amount has accrued to the claimants only on account of death of the deceased in a motor vehicle accident
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