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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Sunil Kumar @ Shina – Appellant
Versus
Hanuman Singh – Respondent
JUDGMENT :
Archana Puri, J.
The present appeal has been filed by claimant-Sunil Kumar @ Shina, thereby, questioning the adequacy of the compensation awarded by learned Motor Accident Claims Tribunal, on account of injuries sustained by him, in a motor vehicular accident, which took place on 25.01.2010.
2. On appraisal of the evidence, brought on record, it was held by learned Tribunal that accident had taken place, on account of rash and negligent driving of Utility Mahindra bearing registration No.HR-01H-2521, driven by respondent No.1-Hanuman Singh. Also, it was held that Sunil Kumar @ Shina had sustained injuries, in the accident in question, which resulted in amputation of his right arm and right leg. Thereupon, learned Tribunal, while considering the evidence, brought on record, had awarded compensation to the extent of Rs.25,000/-, on account of 'pain and suffering and special diet'. On account of medical bills, proved in evidence, the compensation awarded was Rs.1,22,392/-. Considering the disability certificate Ex.P30, which states about the extent of disability to be 100%, another amount of Rs.2 lakh was awarded. Besides the same, considering the fact of amputation of right a
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.
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....
Compensation awarded in motor accident claims must reflect true losses and future medical needs of the victim.
The principle of 'just compensation' in motor vehicle accident cases requires that the assessment of damages considers both pecuniary and non-pecuniary losses, reflecting the actual impact of injurie....
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.
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