PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Afzal – Appellant
Versus
Yogesh Kumar – Respondent
JUDGMENT :
Sudeepti Sharma J.
1. The present appeal has been preferred by the appellant- claimant against the Award dated 23.12.2024 passed in the claim petition under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Nuh (for short, 'the Tribunal'), wherein the respondent No.2-Insurance company was held liable to pay the compensation to the claimant to the tune of Rs.10,85,760/- along with interest @ 7% per annum.
2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not required to be reproduced and is skipped herein for the sake of brevity.
SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES
3. Learned counsel for appellant/claimant contends that the compensation awarded by learned Tribunal is on lower side and deserves to be enhanced. He further contends that the amount awarded towards loss of future income, transportation charges, special diet, pain and suffering, loss of amenities and attendant charges is on lower side. Therefore, he prays that the present appeal be allowed and the compensation awarded to the appellant/claiman
Compensation under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
Compensation under the Motor Vehicles Act must accurately reflect loss and restore the claimant's position post-accident.
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 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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