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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Sonia – Appellant
Versus
Mukesh Kumar – Respondent
| Table of Content |
|---|
| 1. details of compensation claim and award. (Para 1 , 9) |
| 2. arguments regarding the adequacy of compensation. (Para 3 , 4) |
| 3. court's analysis of compensation calculation principles. (Para 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13) |
| 4. final judgment on compensation enhancement. (Para 14 , 15 , 16 , 17) |
JUDGMENT :
SUDEEPTI SHARMA J .
1. The present appeal has been preferred against the award dated 13.12.2023 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal') for enhancement of compensation granted to the appellant/claimant to the tune of Rs.1,19,83,625/- along with interest at the rate of 9% per annum, on account of death of Samsher Singh in a Motor Vehicular Accident, occurred on 06.07.2021.
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 are not required to be reproduced for the sake of brevity.
SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES
3. The learned counsel for the appellants/claimants contends that the compensation assessed by the
Compensation for motor vehicle accidents must consider full taxable income, including allowances and future prospects, with appropriate deductions for living expenses based on dependents.
In the absence of documentary evidence, the court may determine a deceased's income through reasonable guesswork guided by minimum wage notifications. Furthermore, compensation for conventional heads....
In motor accident claims, salary certificates should be accepted as evidence of income if testimony is unshaken. Compensation must be calculated by applying the correct multiplier, adding future pros....
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