Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
United India Insurance Co. Ltd. – Appellant
Versus
Buta Singh – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal (FAO-8240-2017) has been filed by the appellant-insurance Company and the cross-objections (XOBJC-67-CII-2018) have been filed by the claimant-respondent No.l aggrieved by the award dated 05.09.2017 passed by the Motor Accident Claims Tribunal, Fatehabad (hereinafter referred to as 'Tribunal'). The parties are being referred to as Insurance Company, claimant and owner and driver for the sake of clarity.
2. Brief facts relevant to the present lis are that the accident in the present case took place on 10.11.2015 when Buta Singh (claimant) was riding on a motorcycle Hero Honda bearing registration No.HR-24-7527 which was being driven by Kala Singh (deceased) and was going towards the fields at Kukranwali where they had taken a piece of land on contract for cultivation. Kala Singh was riding the motorcycle at a moderate speed and was wearing a helmet and following all the traffic rules while claimant (Buta Singh) was a pillion rider. At about 07.30 am, when they crossed the waterworks of the village and were going towards Dariyapur, a Cruiser Jeep bearing registration No.HR-56A-9425 being driven by its driver at a high speed, rashly and neglig
The court re-evaluated compensation for a motor accident, rejecting a finding of contributory negligence against the claimant and emphasizing the need for proper assessment of permanent disability an....
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
The court established that the proper deduction for a bachelor in compensation claims is 50%, and future prospects should be considered, leading to an enhanced compensation amount.
![Dilip Velji Prajapati VS Husain Jusab Sindhi [Deleted] - 2022 Supreme(Guj) 1129](https://supremetoday-s3.b-cdn.net/Gujarat_1.png)
The main legal point established in the judgment is the re-assessment of the claimant's income and future loss of income for the calculation of compensation.
The court affirmed that the Insurance Company is liable for compensation despite the absence of a driving license for the driver, emphasizing the need for sufficient evidence to support claims agains....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
