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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
National Insurance Co. Ltd. – Appellant
Versus
Dhawan – Respondent
JUDGMENT :
Nidhi Gupta, J.
Present appeal has been filed by the Insurance Company laying challenge to the Award dated 17.04.2017 passed by Motor Accident Claims Tribunal, Karnal (hereinafter referred to as "the learned Tribunal") whereby MACT Case No. MACP/34 of 2016 dated 29.07.2016 filed by the claimants/respondents No.l to 4 herein, under Sections 166 and 140 of the Motor Vehicles Act (hereinafter referred to as "the Act") has been allowed and compensation of Rs. 23,51,250/- has been awarded to the claimants.2. Brief facts of the case are that the learned Tribunal on the basis of pleadings and oral & documentary evidence adduced before it concluded that the deceased Mukesh had died due to the injuries suffered by him in a motor vehicular accident that took place on 08.06.2016 due to the rash and negligent driving of the canter bearing registration No. PB-02AF-9855 (hereinafter referred to as "the offending vehicle") by respondent No.5. The offending vehicle was owned by respondent No.6 and insured by the appellant/Insurance Company. The 4 claimants are the 2 minor sons and parents of the deceased Mukesh.
3. Learned counsel for the appellant/Insurance Company assails the impugned Aw
Compensation in accident claims must be just and fair, considering all evidence, without rigid adherence to statutory minimums.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
The court concluded that minimum wage standards guide but must not constrain just compensation in motor vehicle accidents, allowing for comprehensive income assessments.
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
The main legal point established in the judgment is the recalibration of compensation based on the deceased's income, future loss of income, and non-pecuniary damages, along with the consideration of....
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