Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Raghubir Singh – Appellant
Versus
Ram Niwas – Respondent
JUDGMENT :
Sudeepti Sharma, J.
1. The present appeal has been preferred against the award dated 05.10.2006 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Bhiwani (for short, 'the Tribunal') for enhancement of compensation granted to the appellant/claimant to the tune of Rs. 4,07,600/- along with interest at the rate of 9% per annum, on account of injuries sustained by the appellant/claimant in a Motor Vehicular Accident, occurred on 19.07.2003.
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 OF LEARNED COUNSEL FOR THE PARTIES
3. The learned counsel for the appellant/claimant contends:-
i) That the compensation awarded by the learned Tribunal is on the lower side and deserves to be enhanced.
ii) That the amount awarded towards transportation, special diet, pain and suffering, attendant charges is on lower side. Further contends that no amount has been awarded by the learned Tribunal under the heads of los
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 the Motor Vehicles Act must accurately reflect loss and restore the claimant's position post-accident.
Compensation under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
