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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Raj bala – Appellant
Versus
Rajesh – Respondent
JUDGMENT :
Sudeepti Sharma, J.
1. The case is listed before this Court for referral to the 'Special Mediation Drive-Mediation 'For the Nation' List'.
2. Learned counsels for the parties contend that the matter cannot be referred to Mediation and Conciliation Centre of this Court.
FAO-2423-2009
3. The present appeal has been preferred against the award award dated 05.12.2008 passed by the learned Motor Accident Claims Tribunal, Jind ('the Tribunal'), in a petition filed by the claimant under Section 166 of the Motor Vehicles Act, 1988, for enhancement of compensation granted to the claimant/appellant to the tune of Rs.19,85,493/- along with interest @ 7.5% per annum, on account of injuries suffered by her in a Motor Vehicular Accident, occurred on 17.07.2006.
4. Learned counsel for the claimant-appellant submits that the compensation awarded by the Tribunal is on the lower side. He further contends that the amount awarded under the heads of medical expenses, pain and suffering, attendant charges, and special diet is on the lower side and deserves to be enhanced, as per settled law. Therefore, he prays that the present appeal be allowed.
5. Per contra, learned counsel for the appellant-Insu
The court re-evaluated the compensation for injury based on realistic socio-economic conditions and established that compensation must adequately reflect the loss and suffering sustained by the claim....
Compensation in personal injury cases should fully restore claimants to their pre-accident position, factoring in medical costs, loss of earnings, and future prospects.
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
Compensation under the Motor Vehicles Act must accurately reflect loss and restore the claimant's position post-accident.
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