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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Oriental Insurance Co. Ltd. – Appellant
Versus
Kanta Rani – Respondent
JUDGMENT :
Sudeepti Sharma J.
The present appeal has been preferred against the award dated 09.04.2018 passed by the learned Motor Accident Claims Tribunal, Mohali (for short, 'the Tribunal') in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, wherein, the appellant insurance company was held liable to pay the compensation to the claimants/respondents to the tune of Rs. 29,06,200/- along with interest @ 7.5% per annum, on the ground of quantum of compensation to be on higher side.
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 required to be reproduced here for the sake of brevity.
SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES
3. Learned counsel for the appellant-Insurance Company vehemently argues that the compensation awarded by the Tribunal is on the higher side. He further submits that the Tribunal has erroneously assessed the income of the deceased as Rs.19,800/- per month without any cogent evidence to that effect. He further contends that the learned Tribunal has wrongly made addition of 50% towards future prospects, ho
The judgment clarifies compensation adjustments due to insufficient assessment of income and deductions under motor vehicle accident claims.
Compensation for motor vehicle accidents must consider full taxable income, including allowances and future prospects, with appropriate deductions for living expenses based on dependents.
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