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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Sumitra – Appellant
Versus
Major Singh – Respondent
| Table of Content |
|---|
| 1. compensation criteria in motor accident cases. (Para 1 , 2 , 4 , 6) |
| 2. consideration of emotional dependency beyond financial needs in compensation. (Para 3 , 7 , 9 , 11 , 14) |
| 3. legal precedents regarding deductions and compensation amounts. (Para 10 , 12 , 15) |
| 4. final ruling modifies previously awarded compensation. (Para 17 , 18 , 19) |
JUDGMENT :
Archana Puri, J.
1. The appellants-claimants have filed the present appeal thereby questioning the correctness of the amount of compensation, awarded by learned Motor Accident Claims Tribunal, on account of death of Satish, in a motor vehicular accident.
2. Suffice to consider that the accident had taken place on 06.11.2015. On the analysis of the evidence, brought on record, learned Tribunal had concluded about the accident in question, to have taken place, on account of rash and negligent driving of truck bearing registration No.PB-23M-8685, driven by respondent No.1-Major Singh and the same caused fatal injuries to Satish. Thereupon, learned Tribunal, while considering the deceased to be 33 years old and employed as Passenger Services Assistant in Air India and also took into consideration testimony of PW-3 Rahul, Assista
Compensation for loss of dependency includes emotional and psychological aspects beyond mere financial support.
The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, 1988, considering the deceased's income, future prospects, loss....
Legal representatives, even if not dependents, are entitled to compensation on account of loss of estate under S.166 of the Motor Vehicles Act.
The main legal point established in the judgment is the entitlement of parents to compensation for loss of dependency under the Motor Vehicles Act, based on the principles laid down in various Suprem....
The main legal point established is that employed dependents are entitled to claim compensation, and the calculation of future income should consider specific reasons and evidence available on record....
Re-marriage does not extinguish a widow's right to compensation in fatal accidents; dependency includes emotional factors beyond financial support.
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