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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Sumitra – Appellant
Versus
Major Singh – Respondent
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, Assistant Manager, Air India Sats Airport Services Pvt. Ltd., who proved pay slip Ex.P6, the break-up of the salary, as depicted in the pay slip for the month of October 2015 Ex.P6, is as herein given:-
3. However, learned Tribunal considering the break-up aforesaid relating to over-time, holiday wages and night shift allowances had observed that it was not the
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.
Court clarified the dependency criteria for compensation in fatal accidents, emphasizing bereaved family members' rights under social welfare legislation.
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