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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Usha Sharma – Appellant
Versus
Mohd Javir – Respondent
JUDGMENT :
Alka Sarin, J. (Oral) -
CM-7296-CII-2022
1. For the reasons mentioned therein, the application seeking condonation of delay of 1030 days in refiling the appeal is allowed and the delay of 1030 days in refiling the appeal is condoned.
CM-7297-CII-2022
2. For the reasons mentioned therein, the application seeking condonation of delay of 01 day in filing the appeal is allowed and the delay of 01 day in filing the appeal is condoned.
FAO-2577-2022
3. The present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (hereinafter referred to as Tribunal') vide the impugned award dated 07.02.2019 in a motor vehicle accident which occurred on 14.09.2016.
4. Since the factum of the accident is not in dispute, the facts are not being adverted to 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. 10,300/- |
2 | Deduction 50% | [Rs.10,300 - 5,150] = Rs.5,150/- |
3 | Annual income | [Rs.5,150 x 12] = Rs.61,800/- |
4 | Multiplier of 7' | Rs.61,800 x 7] = Rs.74,32,600/- |
5 | Funeral expenses | Rs. 15,000/- |
6 | Loss of estat | |
The court ruled that oral evidence regarding income is valid even without documentary proof, leading to a reassessment of compensation based on future prospects.
Assessment of compensation must consider all reliable income evidence, and tribunals should not dismiss documented proofs due to inadequate accompanying documents.
The court concluded that minimum wage standards guide but must not constrain just compensation in motor vehicle accidents, allowing for comprehensive income assessments.
Income assessment for compensation must reflect realistic estimates, not merely minimum wage, ensuring just compensation based on evidence and established legal principles.
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