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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Shashi – Appellant
Versus
Rupinder Dhiman – Respondent
JUDGMENT :
Alka Sarin, J.
The present order shall dispose off the above noted two appeals. The parties are being referred to as claimants, Insurance Company and owner and driver of the offending vehicle for the sake of clarity. FAO No.6830 of 2017 has been preferred by the claimants challenging the impugned award dated 06.05.2017 passed by the Motor Accident Claims Tribunal, Pathankot (hereinafter referred to as 'Tribunal') aggrieved by the quantum of compensation. FAO No.5954 of 2017 has been preferred by the Insurance Company.
2. Brief facts relevant to the present lis are that the claimants approached the Tribunal by filing a claim petition under Section 166 of the Motor Vehicle Act, 1988 for compensation on account of death of Sh. Wilson Nahar @ Wilson son of Sh. Prem Masih, in a motor vehicular accident which took place on 23.12.2016 at about 5.00 pm near Adda Adha Khuh, Shahpurkandi Road, Pathankot, Tehsil and District Pathankot. It was averred in the claim petition that on 23.12.2016 at about 5.00 pm the deceased was going from Pathankot to Shahpurkandi on his motorcycle bearing registration No.PB-35-P-5426 at a slow speed and on the correct side of the road and when he reached
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.
: Death in motor accident – Where there is no definite evidence about earning of victim guess work can be infused by courts in order to assess earning of deceased.
The court established that compensation for a deceased minor must reflect proper notional income assessments based on relevant case law, necessitating a revision from initial figures.
The court affirmed the principle that compensation under the Motor Vehicles Act must be just and fair, emphasizing the need to consider future prospects and proper income tax deductions.
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