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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Amarjit Kaur – Appellant
Versus
Buta Singh – Respondent
JUDGMENT :
Alka Sarin, J. (Oral)
1. Present appeal has been preferred by the claimant-appellants challenging the award dated 15.07.2014 passed by the Motor Accident Claims Tribunal, Sangrur (hereinafter referred to as the 'Tribunal') aggrieved by the quantum of compensation as well as the finding whereby 50% amount of compensation has been deducted on account of contributory negligence of Harpreet Singh, driver of the Maruti Zen car bearing registration No.PB-31-D-6131, in which Dharamjit Singh (hereinafter referred to as the 'deceased') was a passenger.
2. The brief facts relevant to the present lis are that on 15.12.2012 the deceased - Dharamjit Singh - alongwith Harpreet Singh was going to Patiala in a Maruti Zen Car bearing registration No.PB-31-D-6131 which was being driven by the Harpreet Singh and the deceased - Dharamjit Singh was sitting as a passenger. They were being followed by Kirpal Singh and Rajvir Singh in their Jeep bearing registration No.PB-13-W-3200. At about 06.00 am, when they reached near bypass of village Nadampur towards Patiala, a truck bearing registration No.PB-13-V-9767 (hereinafter referred to as the 'offending vehicle'), owned by respondent Nos.1 and 2 a
The Court upheld a 50% contributory negligence finding against both drivers while ensuring compensation computation aligns with the deceased's employment status and age, impacting the multiplier used....
The court modified the compensation amount based on revised income assessment and contributory negligence, establishing clearer guidelines for future cases.
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.
The court clarified that a child passenger cannot be held liable for contributory negligence in an accident, and re-assessed compensation based on notional income and loss of consortium.
The main legal point established in the judgment is the requirement to consider future prospects in the calculation of compensation in motor accident claims.
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