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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Kuldeep Singh – Appellant
Versus
Surender Singh – Respondent
JUDGMENT :
Sudeepti Sharma, J. (Oral)
CM-21716-CII-2024
1. This is an application filed under Order 41 Rule 19 read with Section 151 CPC for restoration of the main case which was dismissed for non-prosecution vide order dated 05.11.2024.
2. For the reasons stated in the application which is duly supported by an affidavit, the present application is allowed and order dated 05.11.2024 is recalled and the main case is restored to its original number and is taken on Board today.
FAO-2969-2006
1. The present appeal has been preferred against the award dated 13.04.2006 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Rupnagar (for short, 'the Tribunal') for enhancement of compensation, granted to the appellant/claimant to the tune of Rs.80,000/- on account of the injuries sustained by the appellant-Kuldeep Singh in a Motor Vehicular Accident, occurred on 18.12.2002.
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 reproduced and is skipped herein for the sake of brevity.
SUBMISSIONS
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 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 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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