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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Vishal – Appellant
Versus
Dinesh – Respondent
JUDGMENT :
Sudeepti Sharma, J.
CM-1292-CII-2018
1. The present application has been filed under Section 5 of the Limitation Act, 1963, for condonation of delay of 1109 days in filing the present appeal.
2. Learned counsel for the appellant acknowledges that there is a delay of 1109 days in filing the present appeal and submits that he would not press interest on the enhanced amount for the delayed period of 1109 days.
3. For the reasons mentioned in the application, the same is allowed and the delay of 1109 days in filing the present appeal is condoned.
FAO-354-2018 (O&M)
1. The present appeal has been preferred against the award dated 08.08.2014 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Sonipat (for short, 'the Tribunal') for enhancement of compensation, granted to the claimant/appellant to the tune of Rs.21,600/- along with interest at the rate of 7.5% per annum, on account of injuries sustained by the appellant/claimant in a Motor Vehicular Accident, occurred on 07.11.2011.
2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribuna
Compensation in personal injury cases should fully restore claimants to their pre-accident position, factoring in medical costs, loss of earnings, and future prospects.
Compensation under the Motor Vehicles Act must accurately reflect loss and restore the claimant's position post-accident.
Compensation under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
Compensation in motor vehicle accidents must fully restore claimants' financial status, considering future medical expenses and loss of earning capacity, as per established legal precedents.
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