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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Navraj Kaur – Appellant
Versus
Sunny Masih – Respondent
| Table of Content |
|---|
| 1. claimants seek compensation enhancement. (Para 1 , 2 , 3) |
| 2. appellant's arguments presented. (Para 4) |
| 3. court's assessment of the evidence. (Para 5 , 6 , 7 , 8 , 9) |
| 4. final ruling on the appeal. (Para 10 , 11) |
JUDGMENT :
Nidhi Gupta, J.
CM-18097-CII-2023
This is an application under Section 151 CPC for condonation of delay of 163 days in refiling the appeal.
Heard.
In view of averments mentioned in the application, which is duly supported by an affidavit of the applicant/appellant No.1, the same is allowed and delay of 163 days in refiling the present appeal is condoned.
FAO-5293-2023 (O&M)
1. Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.74,93,842/- awarded by the learned Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as 'the learned Tribunal') passed in MACP No. 317 dated 31.05.2017 filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). The 5 claimants are the widow, the two sons aged 22 and 19 years; and parents of deceased Gurbaj Singh, who was stated to have been about 45 and a half years old at the time of accident.
2. Brief facts of the case are that the learn
Compensation in vehicular accident claims must be just, not excessive or minimal, aligned with established legal standards.
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