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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
Satyan Dua – Appellant
Versus
Ess Ess Bathroom Products Pvt. Ltd. – Respondent
JUDGMENT :
Harkesh Manuja, J.
The present appeal lays challenge to an award dated 16.04.2009 passed by the learned Motor Accident Claims Tribunal, Chandigarh (for brevity, 'learned Tribunal'), whereby an amount of Rs. 8,47,024/- was awarded as compensation to the appellant/claimant along with interest @ 7.5% per annum on account of injuries sustained by him in a motor vehicular accident.
Brief Facts
2. The appellant/claimant being injured, filed claim petition before the learned Tribunal praying for grant of compensation on account of injuries suffered by him in a motor vehicular accident which took place on 26.01.2006, while alleging rash and negligent driving of one Mr. Manoj Seth/driver who succumbed to his injuries on the spot.
3. After going through the pleadings and evaluating the evidence led by both the parties, learned Tribunal arrived at a conclusion that the accident occurred on account of rash and negligent driving of Mr. Manoj Seth/driver; holding respondent Nos.l and 2 jointly and severally liable; awarded compensation in the following manner: -
S. No | Heads of Claim | Amount (in Rs) |
1. | Pain and Sufferings | Rs. 2,00,000/- |
2. | Medical treatment | Rs. 4,79,024/- |
3. | Special Diet | Rs. 10,000/- |
4. | T | |
Court confirmed that compensation in motor accident cases should consider actual earnings and future income based on permanent disabilities, emphasizing the need for judicial discretion in the interp....
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