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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Nirmal Kumar – Appellant
Versus
Sudesh Kumar – Respondent
JUDGMENT :
Sudeepti Sharma, J. (Oral)
1. The present appeal has been preferred against the award dated 20.11.2006 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Jagadhri (for short, 'the Tribunal') for enhancement of compensation, granted to the appellant/claimant to the tune of Rs.3,25,000/- on account of the injuries sustained by the appellant-Nirmal Kumar in a Motor Vehicular Accident, occurred on 02.07.2004.
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 reproduced and is skipped herein for the sake of brevity.
SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES
3. The learned counsel for the appellant/claimant contends that the compensation assessed by the learned Tribunal is on the lower side. He further contends that the appellant was working as skilled automobile mechanic and was also having a canter, which he used to ply on hire basis and was earning Rs.15000/- per month and was 24 years of age at the time of the accident. He further contends:-
ii) That he rema
Compensation under the Motor Vehicles Act must accurately reflect loss and restore the claimant's position post-accident.
Compensation in personal injury cases should fully restore claimants to their pre-accident position, factoring in medical costs, loss of earnings, and future prospects.
Compensation under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
Compensation in motor vehicle accidents must fully restore claimants' financial status, considering future medical expenses and loss of earning capacity, as per established legal precedents.
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