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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Rajesh Kumar – Appellant
Versus
Deepak @ Depinder Singh – Respondent
JUDGMENT :
Archana Puri, J.
The present appeal has been filed by the appellant-claimant, thereby, questioning the inadequacy of the compensation awarded by learned Motor Accident Claims Tribunal, on account of injuries sustained by him, in a motor vehicular accident.
2. The facts germane, to be noticed, are as follows:-
3. That, on 10.06.2011, the appellant-claimant had proceeded from Police Station Sector-36, Chandigarh, for his home in Baltana, on his Activa bearing registration No.CH-04L-6648. When he reached near village Mauli Jagran, in the meantime, respondent No.1-Deepak alias Depinder Singh, while driving car bearing registration No.HP-34C-3839, came at a high speed, in rash and negligent manner and struck the car from behind, as a result whereof, the appellant-claimant sustained multiple injuries on vital organs, including head injury.
4. Also, it was asserted that appellant-claimant was working as Home Guard volunteer in the Department of Home Guards, U.T. Chandigarh and drawing salary of Rs.9300/- per month.
5. So far as, the factum and manner of taking place of the accident as well as the liability fastened upon the respondents is concerned, it is pertinent to mention that no
Permanent disability must be evaluated for its impact on future earning capacity, with compensation reflecting marketability and functional impairment, not merely current income stability.
Court emphasized the necessity for awarding just compensation reflecting future loss of income due to disability, even if the victim retains employment.
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....
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
The main legal point established in the judgment is the requirement for just and realistic compensation under the Motor Vehicles Act, considering the impact of permanent disability on the claimant's ....
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