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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Oriental Insurance Co. Ltd. – Appellant
Versus
Shankuntla Devi – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the appellant-Insurance Company aggrieved by the award dated 19.02.2014 passed by the Motor Accident Claims Tribunal, Gurgaon (hereinafter referred to as 'the Tribunal').
2. In the present case the accident took place on 27.10.2008 at about 7-7:30 am. The injured/deceased - Om Parkash - was going for a morning walk from his residence at H-Block, Ansal Palam Vihar, Gurgaon when all of a sudden a commercial vehicle (Trailer) bearing registration No.HR-37-4761 came from behind and knocked down the injured/deceased. The accident took place close to the house and his son rushed to the spot of the accident. The injured/deceased received multiple injuries for which he remained admitted in the hospital for a prolonged period and eventually he died on 25.01.2011. Initially a claim petition was filed for the injuries received by the injured/deceased. However, subsequently the same was withdrawn with liberty to file afresh since Om Parkash died on 25.01.2011.
3. The Tribunal in the present case had awarded the following compensation :
Sr. No. | Heads | Compensation Awarded |
1. | Monthly income | Rs. 10,500 |
2. | Loss of salary of 26 months | [Rs. 10,50 |
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.
Compensation for death in a motor accident must consider future prospects and necessary deductions, ensuring the awarded amount reflects just compensation.
Income assessment for compensation must reflect realistic estimates, not merely minimum wage, ensuring just compensation based on evidence and established legal principles.
Tribunals may rely on unrebutted testimony for income and age in accident claims; compensation calculated using one-third deduction, age-based multiplier per Sarla Verma and Pranay Sethi, without fut....
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
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