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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Ramandeep Singh – Appellant
Versus
Sham Banquet Hall – Respondent
JUDGMENT :
Archana Puri, J.
1. These are two appeals, FAOs-2278 and 2279-2011, filed at the instance of appellants-claimants, thereby, assailing adequacy of the compensation awarded by learned Tribunal, on account of injuries sustained by them, in a motor vehicular accident, which took place on 07.06.2008.
2. Cross objections, XOBJCs-77 and 78-CII-2011 have also been filed by the insurance company, thereby, seeking reduction of the compensation.
3. On appraisal of the evidence, brought on record, it was concluded by learned Tribunal that accident was caused due to rash and negligent driving of car bearing registration No.PB-11AD-0057, driven by respondent No.2-Davinder Kumar, which led to extensive multiple injuries on the person of Mandeep Kaur (who was driving the ill-fated motorcycle bearing registration No.PB-39B-8415) and Ramandeep Singh (who was pillion rider of the motorcycle).
4. In this backdrop, firstly, let us consider the compensation awarded to appellant-claimant Mandeep Kaur.
5. From the ICSE Certificate, proved in evidence as Ex.P107, it is evident that date of birth of appellant-claimant Mandeep Kaur is 24.03.1986 and as such, on the date of accident i.e. 07.06.2008, she
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
Court emphasized the necessity for awarding just compensation reflecting future loss of income due to disability, even if the victim retains employment.
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
The court upheld the principle of just compensation, emphasizing the need for thorough assessment of disability's impact on earning capacity, rather than a mechanical approach in determining compensa....
The main legal point established in the judgment is the correct assessment of disability and future prospects, and the award of compensation for various heads of damages and expenses under the Motor ....
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