IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Gajinder Singh – Appellant
Versus
Dalwinder Singh – Respondent
| Table of Content |
|---|
| 1. appeal against compensation award. (Para 1 , 2) |
| 2. competing claims for higher compensation. (Para 3 , 4) |
| 3. court's review of evidence and records. (Para 5 , 6) |
| 4. legal standards for calculating damages. (Para 7 , 8) |
| 5. credibility of witness testimony. (Para 9 , 10) |
| 6. importance of realistic income assessment. (Para 11 , 12) |
| 7. impact of injuries on claimant's capacity. (Para 13 , 14) |
| 8. consideration of pain and suffering in compensation. (Para 15 , 16 , 17) |
| 9. courts recognize long-term consequences of disability. (Para 18 , 19) |
| 10. final order and directive for compensation disbursement. (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
SUDEEPTI SHARMA J.
1. The present appeal has been preferred against the award dated 29.11.2018 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (in short ‘1988 Act’) by the learned Motor Accident Claims Tribunal, Mohali (in short ‘the Tribunal’) for enhancement of compensation, granted to the appellant/claimant to the tune of Rs.2,26,900/- along with interest @ 9% per annum on account of injuries sustained by the appellant/claimant - Gajinder Singh in a motor vehicular accident, occurred on 24.11.2015.
2. As

Raj Kumar Vs. Ajay Kumar and Another
Erudhaya Priya Vs. State Express Tran. Corpn. Ltd.
K.S. Muralidhar vs. R Subbulakshmi and another
Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma
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The court re-evaluated the compensation for injury based on realistic socio-economic conditions and established that compensation must adequately reflect the loss and suffering sustained by the claim....
Compensation under the Motor Vehicles Act must accurately reflect loss and restore the claimant's position post-accident.
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 motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
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