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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPINDER SINGH NALWA
Balwinder Kaur – Appellant
Versus
Gurthakur Singh – Respondent
JUDGMENT :
Deepinder Singh Nalwa, J. (Oral)
The present appeal has been preferred against the award dated 06.02.2028 passed in the claim petition filed under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Faidkot (for short, 'the Tribunal') on the ground that Balwinder Kaur (appellant No.l) widow of deceased Harjinder Singh has not been held entitled to get any share in the compensation being against the law and also for enhancement of compensation.
2. The brief facts of the case are as under:
Harjinder Singh (since deceased) was going on 14.11.2006 on his motorcycle bearing No.PB-03-K-4228 from village Jhakharwala towards Bathinda and Swaran Singh was the pillion rider. When they reached near the bus stand of village Amargarh, a Maruti car bearing No. DL-8CD-1684 being driven by its driver Gurthakur Singh (respondent No.l) in a rash and negligent manner hit the motorcycle which was driven by Harjinder Singh (since deceased), as a result of which, Harjinder Singh (since deceased) suffered multiple injuries and ultimately on 17.11.2006 Harjinder Singh succumbed to his injuries. The matter was reported to the police and FI
Compensation for death in motor vehicle accident must be based on established minimum wages, with future prospects considered, and consortium awarded to dependents.
The court established that compensation calculations under the MV Act must consider actual income, appropriate deductions, future prospects, and the right to consortium for dependents.
The main legal point established in the judgment is the application of principles for assessment of compensation in case of death, including the denial of compensation to certain claimants and the ap....
Compensation for minor victims under the Motor Vehicles Act must reflect socio-economic loss, including filial consortium for bereaved parents, affirming the Act's intent to provide just relief.
The main legal point established in the judgment is the entitlement of parents to filial consortium and the determination of interest at the rate of 7.5% per annum on the enhanced compensation.
The assessment of compensation must ensure fairness and reasonableness while considering income, future prospects, and applying the appropriate multiplier based on the deceased's age.
Point of Law : A child, who has advanced into matured adulthood, is married or otherwise in the mainstream of life, would not be entitled to compensation under that head.
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