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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Shagan Lal – Appellant
Versus
Didar Singh – Respondent
| Table of Content |
|---|
| 1. determination and background of appeal for compensation. (Para 1 , 2) |
| 2. arguments for compensation assessment. (Para 3 , 4) |
| 3. court's examination and commentary on compensation law. (Para 5 , 6 , 7) |
| 4. summary of compensation principles and their application. (Para 8 , 9) |
| 5. final ruling regarding enhanced compensation and process. (Para 10 , 12 , 13) |
JUDGMENT :
Sudeepti Sharma J.
The present appeal has been preferred against the award dated 20.12.2006 passed in the claim petition filed under Section 166 and 140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Ferozepur (for short, 'the Tribunal') for enhancement of compensation, granted to the appellant/claimant to the tune of Rs. 3,01, Oil/- on account of the injuries sustained by the appellant-Shagan Lal in a Motor Vehicular Accident, occurred on 17.01.2002.
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/cla
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 under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
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