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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Abdul Qayum – Appellant
Versus
Ashik Ali Alias Guddu – Respondent
JUDGMENT :
Archana Puri, J.
1. The present appeal has been filed by the appellant-claimant, thereby, questioning the adequacy of the compensation awarded by learned Motor Accident Claims Tribunal, on account of injuries sustained by him, in a motor vehicular accident.
2. Suffice to consider that the accident had taken place on 11.06.2022. The appellant-claimant Abdul Qayum along with other persons, being fruit vendors, had loaded their litchi fruit in TATA 709 bearing registration No.UP-07G-5609 and were coming from Dehradun to Chandigarh, being driven by respondent No.1-Ashik Ali @ Guddu. The appellant as well as other occupants of the truck, on account of the accident question, which was held to have been taken place on account of rash and negligence, on the part of the respondent No.1, had sustained extensive injuries and claim petitions were filed by various occupants of the truck in question. Appellant-Abdul Qayum had also sustained injuries and he had also filed separate claim petition.
3. Considering the evidence, brought on record, it was held by learned Tribunal that Abdul Qayum had suffered grievous injuries and he remained hospitalized at first instance, from 11.06.2002 to 1
Compensation awarded in motor accident claims must reflect true losses and future medical needs of the victim.
The assessment of personal injury compensation must fairly reflect the gravity of injuries, ongoing disabilities, and the impact on earning capacity post-accident, as established in the Motor Vehicle....
Compensation for injuries must reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
The judgment emphasizes the necessity for just compensation reflecting both the severity of injuries and the lifelong impacts on the victim's earning potential and dignity.
The court emphasized that compensation must reflect the claimant's functional disability and future medical needs, ensuring just and reasonable recompense under the Motor Vehicles Act.
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