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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PARMOD GOYAL
ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Priya PS – Respondent
| Table of Content |
|---|
| 1. introduction to the case and parties involved. (Para 1) |
| 2. framing of issues in the case. (Para 2) |
| 3. court's acceptance of claimant's issues. (Para 3) |
| 4. arguments regarding the compensation amount. (Para 4 , 5) |
| 5. clarifications of deceased's age and income. (Para 6 , 7 , 8) |
| 6. discussion on pension and its impact on compensation. (Para 9 , 10 , 11 , 12) |
| 7. calculation of awarded compensation. (Para 13) |
| 8. final decision and order. (Para 14 , 15) |
JUDGMENT :
PARMOD GOYAL, J.
1. Appellant-Insurance Company has preferred present appeal being aggrieved by award dated 09.07.2025 passed by Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as ‘Tribunal’), whereby compensation of Rs.77,24,440/- has been awarded in favour of respondents-claimants. Claimants-respondents i.e. wife, children and parents of deceased Satheesh Kumar had sought compensation on account of untimely demise of Satheesh Kumar (hereinafter referred to as ‘deceased’) in accident dated 02.10.2020 caused by offending vehicle bearing No.DL 1LAD 9772.
2. Following issues were framed:-
“1. Whether the accident in question resulting in death Satheesh Kumar M took place on 02.10.2020 at 02:30 a.m. i
The court established that multiplier for compensation depends on the accurate assessment of the deceased's age and clarified that family pension cannot be included as income for loss of dependency.
Pension income constitutes a loss in dependency claims and must be compensated irrespective of family pension received by heirs.
Compensation for wrongful death under the Motor Vehicles Act must not deduct pension or insurance benefits; claimants are also entitled to future prospects enhancement regardless of the deceased's ag....
The main legal point established in the judgment is the application of legal principles related to compensation under the Motor Vehicles Act, specifically focusing on loss of dependency, future prosp....
The main legal point established in the judgment is the proper calculation of compensation in motor accident claims, including the deceased's income, loss of dependency, future prospects, and loss of....
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