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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
National insurance company ltd. – Appellant
Versus
Manjit Kaur – Respondent
| Table of Content |
|---|
| 1. assessment of accident circumstances leading to compensation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. re-evaluation of compensation elements based on case law. (Para 7 , 8 , 9 , 10 , 12) |
| 3. finalization of reduced compensation amount and appeal outcome. (Para 11 , 14 , 15 , 16) |
JUDGMENT :
Archana Puri, J.
The present appeal has been filed by the appellant-National Insurance Company Ltd., thereby, challenging the Award dated 03.04.2017, passed by learned Motor Accident Claims Tribunal, on the quantum of compensation granted, on account of death of Joginder Singh, in a motor vehicular accident, which took place on 27.09.2015.2. So far as, the factum and manner of taking place of the accident is concerned, none of the respondents, upon whom, the liability was fastened, have filed the appeal. As such, there is no necessity to dwell further on these aspects.
3. On appraisal of the evidence, brought on record, learned Tribunal had concluded that the accident had taken place, on account of rash and negligent driving of truck bearing registration No.RJ-04G-1696 and it resulted into death of Joginder Singh.
4. It is also not disputed between the parties that Joginder Singh was 36 years old,
Compensation computation for motor accident victims must adhere to established legal principles and precedents.
The main legal point established in the judgment is the application of the Motor Vehicle Act and relevant case law to determine the quantum of compensation in a motor vehicular accident case, particu....
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, taking into account the deceased's income, future prospects, and loss of con....
The court applied the principles established in Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram and National Insurance Co. Ltd. vs. Pranay Sethi to re-assess the compensation for th....
The main legal point established in the judgment is the re-assessment and calculation of the compensation amount in a motor accident claims case.
Compensation for loss of dependency includes emotional and psychological aspects beyond mere financial support.
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