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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Balwinder Ram Mahey – Appellant
Versus
Jaspal Singh – Respondent
| Table of Content |
|---|
| 1. overview of the compensation appeals. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of the injury and treatment. (Para 10 , 11 , 12) |
| 3. importance of just compensation. (Para 15 , 16 , 17 , 19) |
| 4. adjustment of compensation and future medical expenses. (Para 20 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. final ruling on enhanced compensation. (Para 30 , 31 , 32) |
JUDGMENT :
Archana Puri, J.
1. These are two appeals filed by the appellant-claimant, thereby, questioning the adequacy of the compensation awarded by learned Motor Accident Claims Tribunal, firstly vide Award dated 23.03.2012 and secondly, vide Award dated 19.09.2017, on account of injuries sustained by him, in a motor vehicular accident.
2. The accident in question had taken place on 21.05.2009. Suffice to consider that, so far as factum of the accident, involvement of three-wheeler, manner of taking place of the accident as well as the role assigned to respondent No.1 and the liability fastened upon the respondents is concerned, none of the respondents have filed any appeal. Therefore, there is no necessity to further dwell on these aspects.
3. Be it noted that both the appeals have been filed by the appellant-claimant for se
Compensation awarded in motor accident claims must reflect true losses and future medical needs of the victim.
The court emphasized that compensation must reflect the claimant's functional disability and future medical needs, ensuring just and reasonable recompense under the Motor Vehicles Act.
The judgment emphasizes the necessity for just compensation reflecting both the severity of injuries and the lifelong impacts on the victim's earning potential and dignity.
Compensation for injuries must reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
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