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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Gurdhyan Singh – Appellant
Versus
Virendra – Respondent
JUDGMENT :
Alka Sarin, J.
CM-22339-CII-2023
1. This is an application for condonation of delay of 33 days in filing the main appeal.
2. For the reasons stated in the application, the same is allowed and the delay of 33 days in filing the main appeal is condoned.
FAO-6460-2023
3. The present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Panchkula (hereinafter referred to as the 'Tribunal') vide award dated 17.07.2023.
4. Since the factum of the accident is not in dispute, the facts, as recorded in the impugned award passed by the Tribunal, are not being adverted to herein for the sake of brevity.
5. The Tribunal in the present case had awarded the following compensation :
Sr. No. | Heads | Compensation Awarded |
1. | Monthly income | Rs.8,000 |
2. | Deduction @ 1/3rd | [Rs.8,000 - Rs.2,666] = Rs.5,334 |
3. | Annual income | [Rs.5,334 x 12] = Rs.64,008 |
4. | Future prospects @ 10% | [Rs.64,008 + Rs.64,00] = Rs.70,408 |
5. | Multiplier of '9' | [Rs.70,408 x 9] = Rs.6,33,672 |
6. | Funeral expenses | Rs.16,500 |
7. | Loss of estate | Rs.16,500 |
8. | Loss of consortium | Rs.40,000 |
Total Compensation | Rs.7,06,672 | |
Interest | @ 7% per annum |
6. Learned counsel for the claimant-appellants
Assessment of compensation must consider all reliable income evidence, and tribunals should not dismiss documented proofs due to inadequate accompanying documents.
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