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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Chiman Lal – Appellant
Versus
Mohinder Singh – Respondent
JUDGMENT :
Sudeepti Sharma J.
The present appeal has been preferred against the award dated 29.08.2005 passed in the claim petition filed under Sections 166/170 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Faridkot (for short, 'the Tribunal') for enhancement of compensation, granted to the appellant/claimant to the tune of Rs. 75,000/- along with interest at the rate of 9% per annum, on account of injuries sustained by the appellant/claimant in a Motor Vehicular Accident, occurred on 22.02.1994.
2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not reproduced and is skipped herein for the sake of brevity.
SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES
3. The learned counsel for the appellant/claimant contends:-
(i) That the compensation awarded by the learned Tribunal is on the lower side and deserves to be enhanced.
(ii) That the appellant/claimant was 30 years old, at the time of accident; was working as a Compositor at Swami Printing Press, Baghapurana, owned by one Gian Mittal and was getting a salary of Rs. 2,500/- per month
Compensation in personal injury cases should fully restore claimants to their pre-accident position, factoring in medical costs, loss of earnings, and future prospects.
Compensation under the Motor Vehicles Act must accurately reflect loss and restore the claimant's position post-accident.
Compensation in motor vehicle accidents must fully restore claimants' financial status, considering future medical expenses and loss of earning capacity, as per established legal precedents.
Compensation under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
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