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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Reeta – Appellant
Versus
Mala Ram – Respondent
JUDGMENT :
Nidhi Gupta, J.
Present appeal has been filed by the claimants seeking enhancement of compensation of Rs. 30,21,760/- awarded by the Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as "the Tribunal"), vide Award dated 29.10.2024 passed in MACP-272-2019 dated 11.09.2019 filed under Section 166 of the Motor Vehicles Act (hereinafter referred to as "the Act"). The 5 claimants are the widow, 3 children being the 15 year old daughter, 14 year old son, and 21 year old son, and mother of deceased Satish Dahiya.
2. Brief facts of the case as pleaded in the claim petition are that on 07.05.2019, there was marriage of Vishal at Beri and after attending marriage ceremony in the night of 07/08.05.2019, Sachin along with Satish, Subham, Devender and Yogesh were coming back to village Mehrana in Swift Car No.DL-1CN-9054 (hereinafter referred to as "the accidental vehicle") being driven by Yogesh. When they crossed the Nirachiya Dham and reached towards village Dujana on Beri- Dujana Road, atruck bearing registration No.RJ-07GB-7848 (hereinafter referred to as "the offending vehicle") was parked on the road by its driver in negligent manner without taking any precautions
The Court affirmed that awards for compensation within a 4-5% variation from tribunal adjudications are generally not subject to interference.
while dealing with the case of compensation in respect of a child of 10 years old reversed the judgment of the High Court affirming the dismissal of the claim petition by the Accidents Tribunal, foll....
The main legal point established in the judgment is that the compensation awarded under the Motor Vehicles Act should be just and reasonable, considering the deceased's dependents, future prospects, ....
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