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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Sonia – Appellant
Versus
Mukesh Kumar – Respondent
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 learned Tribunal is on the lower side and deserves to be enhanced. Therefore, he prays that the present appeal be allowed and compensation be enhanced, as per latest law.
4. Per contra, learned counsel for the respondents-Insurance Companies, however, vehemently argue on the lines of the award and contends
Compensation for motor vehicle accidents must consider full taxable income, including allowances and future prospects, with appropriate deductions for living expenses based on dependents.
The judgment clarifies compensation adjustments due to insufficient assessment of income and deductions under motor vehicle accident claims.
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