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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Simranjit Singh – Appellant
Versus
Raghbir Singh – Respondent
JUDGMENT :
Archana Puri, J.
These are two appeals filed by claimant-Simranjit Singh as well as New India Assurance Company Limited, thereby, assailing the Award passed by learned Motor Accident Claims Tribunal, whereby, compensation was granted to Simranjit Singh, on account of injuries sustained, in a motor vehicular accident.
2. On appraisal of the evidence, brought on record, it was held by learned Tribunal that accident had taken place on 14.06.2011, on account of rash and negligent driving of Alto car bearing registration No.PB-23J-4171, driven by Raghbir Singh, who was impleaded as respondent No.1 before learned Tribunal, in the capacity of being driver-cum-owner of the aforesaid car. Further, it was held that Simranjit Singh had sustained injuries in the accident in question, which resulted into amputation of his right arm.
3. Thereupon, learned Tribunal, while considering the earnings of claimant-Simranjit Singh as Rs.1500/- per month, annual whereof comes to be Rs.18,000/-, had applied the multiplier of '18' and worked upon the compensation as Rs.3,24,000/-. Besides the same, another amount of Rs.15,000/- was granted towards sufferings and trauma and another amount of Rs.5,000
The court upheld the principle of just compensation, emphasizing the need for thorough assessment of disability's impact on earning capacity, rather than a mechanical approach in determining compensa....
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.
Permanent disability must be evaluated for its impact on future earning capacity, with compensation reflecting marketability and functional impairment, not merely current income stability.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
Compensation for motor vehicle injuries must reflect the actual loss, including current and future earning capacities, pain, and suffering, requiring careful assessment under the Motor Vehicle Act.
The court established that the assessment of compensation must reflect the claimant's actual earning capacity and the impact of permanent disability on future earnings, applying the correct multiplie....
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