IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Amarjit Kaur – Appellant
Versus
Jagjit Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
The present appeal has been filed by the claimants No. 1, 3 and 4 (respectively being the widow, daughter and son of the deceased Kulwant Singh), seeking enhancement of compensation of Rs. 9,89,200/- awarded along with interest @ 7.5% per annum by the learned Motor Accident Claims Tribunal (Adhoc), Fast Track Court, Gurdaspur (hereinafter referred to as 'the Tribunal') vide Award dated 18.09.2014 passed in MACT Case No. 30 dated 23.05.2012 filed by the claimants under Section 166 of the Motor Vehicles Act , 1988 (hereinafter referred to as 'the Act').
2. Brief facts of the case are that the learned Tribunal on the basis of the pleadings and evidence adduced before it, concluded that the deceased Kulwant Singh had died due to the injuries suffered by him in a motor vehicular accident that took place on 04.02.2012 at about 1:30 a.m. due to the rash and negligent driving of a Truck bearing registration No. PB-08-BE-6994 (hereinafter referred to as 'the offending vehicle') being driven by respondent No.1; and owned by respondent No.2. Respondent No.3 herein is the insurance company of the vehicle No. PB-05-G-9761, which was being driven by the deceased Kulwant
The Court affirmed that awards for compensation within a 4-5% variation from tribunal adjudications are generally not subject to interference.
The central legal point established is the assessment of just and reasonable compensation under the Motor Vehicles Act, considering various factors such as future income, consortium, funeral expenses....
The main legal point established in the judgment is the Court's duty to award just compensation under the Motor Vehicles Act, taking into account recent legal developments and the power of the Court ....
Income Tax is the mirror of one's income unless proved otherwise.
The main legal point established in the judgment is the application of relevant Supreme Court judgments to determine 'just compensation' in motor accident claims, particularly regarding future prospe....
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