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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Jasinder Pal Singh – Appellant
Versus
Gurmeet Singh – Respondent
JUDGMENT :
Sudeepti Sharma, J.
1. The present appeal has been preferred against the award dated 23.09.2005 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal Ludhiana (for short, 'the Tribunal'), for enhancement of compensation granted to the claimant to the tune of Rs.2,60,000/- along with interest @ 9% per annum, on account of injuries suffered by the appellant in a Motor Vehicular Accident, occurred on 02.12.2001.
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 are not reproduced for the sake of brevity.
SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES
3. The learned counsel for the claimant-appellant contends that the compensation assessed by the learned Tribunal is on the lower side, as the appellant was 48 years of age at the time of accident. He received serious injuries on his body. His permanent disability was assessed to the extent of 60%, as per disability certificate Ex. PA. Further nothing has been awarded under the conventional heads i.e pain and sufferings, attendant
Compensation under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
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 the Motor Vehicles Act must accurately reflect loss and restore the claimant's position post-accident.
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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