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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Sudhama Devi – Appellant
Versus
Dd khosla tranport pvt. Limited – Respondent
JUDGMENT :
Nidhi Gupta, J. -
CM-25790-CII-2017
Prayer in this application filed under Section 173 of Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act is for condonation of delay of 555 days in filing the accompanying appeal.
The only reason given by the applicant/appellant in the present application seeking condonation of extraordinary delay of 555 days is that "The appellant/applicant has no knowledge that an appeal can lie for the modification of award of the learned MACT. Therefore, it took her some time to contact her advocate and collect relevant papers to file this appeal. "
The same does not constitute sufficient reason for condoning the delay of 555 days in filing the appeal.
Hence, the present application stands dismissed.
FAO-7797-2017 (O&M)
The present appeal has been filed by the claimant No.2/ mother of the deceased, seeking enhancement of compensation of Rs.29,79,872/- awarded by the learned Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as "the learned Tribunal") vide Award dated 03.11.2015 passed in MACT Case No. 43 dated 04.01.2014 filed under Section 166 of the Motor Vehicles Act, (hereinafter referred to as "the Act"). The 2 claimants
The main legal point established in the judgment is the correct assessment of compensation under the Motor Vehicles Act and the application of the correct multiplier for calculating the compensation.
Compensation in motor accident cases must consider future prospects and conventional heads, with the multiplier reflecting the deceased's age, as per established guidelines.
The court established the entitlement of legal representatives to enhanced compensation in vehicular accidents, emphasizing correct income and multiplier assessment.
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