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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Ramesh Kumar – Appellant
Versus
Jagbir Singh – Respondent
JUDGMENT :
Sudeepti Sharma J.
The present appeal has been preferred against the award dated 05.10.2016 passed in the claim petition filed under Sections 166 and 140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Kurukshetra (for short, 'the Tribunal') for enhancement of compensation granted to the appellant/claimant to the tune of Rs.3,79,693/-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 09.09.2015.
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 are not required to be reproduced 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 amount awarded towards loss of income during treatment, loss of future income, transportation charges, special diet, pain and suffering, loss of amenities and attendant charges is on lower side. Further
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.
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.
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