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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
New India Assurance Company Limited – Appellant
Versus
Aruna – Respondent
| Table of Content |
|---|
| 1. future prospects are essential in calculating compensation. (Para 5 , 9 , 11) |
| 2. assessment of compensation must follow established jurisprudence on multiplier application. (Para 6 , 12 , 15) |
JUDGMENT :
Vikas Bahl, J.
The present order would dispose of three appeals i.e., FAO-4796-2009, FAO-5555-2009 & FAO-535-2010. FAO-4796-2009 has been filed by the New India Assurance Company Limited against MACT case No.209 of 2005 with respect to the death of Mukesh Kumar. The sole prayer in the said appeal is for reduction of the amount of compensation awarded to the claimants on account of the death of Mukesh Kumar, which was to the tune of Rs.37,57,000/- along with interest. FAO-5555-2009 has been filed by the widow and daughter of the deceased Mukesh Kumar and they are seeking enhancement of the compensation awarded to them in MACT Case No.209 of 2005. FAO-535-2010 has also been filed by the appellants in FAO-5555-2009 i.e., Smt. Aruna, widow of Mukesh Kumar and Jaya daughter of Mukesh Kumar and they are seeking enhancement of the compensation awarded on account of death of Shivam (son of Smt. Aruna and brother of Jaya) regarding which the Motor Accident Claims Tribunal, Pan
Court emphasized the correct application of multipliers and future prospects for determining compensation in wrongful death cases.
The assessment of compensation must ensure fairness and reasonableness while considering income, future prospects, and applying the appropriate multiplier based on the deceased's age.
The judgment clarifies compensation adjustments due to insufficient assessment of income and deductions under motor vehicle accident claims.
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