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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Veena Rani @ Amita Rani – Appellant
Versus
Amit – Respondent
JUDGMENT :
Archana Puri, J.
These are three appeals, filed by the appellants-claimants to question the adequacy of the compensation awarded to them by learned Motor Accident Claims Tribunal, on account of injuries sustained, in a motor vehicular accident.
2. The accident had taken place on 09.12.2014.
3. The appellants-claimants along with one Satish Kumar, were the occupants of car bearing registration No.HR-24S-3030 and the other vehicle involved in the accident was canter bearing registration No.HR-56E-0041, driven by respondent No.1-Amit.
4. On appraisal of the evidence brought on record, learned Tribunal had concluded about the accident to have taken place, due to rash and negligent driving of the canter and consequently, all the appellants-claimants and other occupant Satish Kumar, had sustained injuries, in the accident in question.
5. Further, it is pertinent to mention that none of the respondents, upon whom, the liability was fastened to pay the compensation awarded by learned Tribunal, have assailed the findings. In the given circumstances, there is no necessity to further dwell upon these aspects. Be it noted that, it is only the appellants-claimants, who have sought enhancem
The court emphasized that compensation for personal injuries must reflect the severity of the injuries and the impact on the claimant's life, necessitating an enhancement of the initial award.
Compensation for personal injury must be just and reasonable, reflecting the claimant's suffering and loss, with the court emphasizing the inadequacy of the Tribunal's award.
The court established that compensation must reflect actual loss and suffering, emphasizing the need for just compensation in personal injury cases.
Compensation awarded in motor accident claims must reflect true losses and future medical needs of the victim.
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.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
Compensation for injuries must reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
The court affirmed that in cases of permanent disability resulting from motor accidents, claimants are entitled to compensation that includes future loss of income and prospects, ensuring that the aw....
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