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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
National Insurance Co. Ltd. – Appellant
Versus
Harkiran Kaur – Respondent
JUDGMENT :
NIDHI GUPTA, J.
FAO-4561-2014:
The present appeal has been filed by the Insurance Company seeking modification of the Award dated 20.03.2014 passed by the learned Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as “the Tribunal”); whereby MACT No. 30 dated 01.09.2011 filed by the claimants/respondents No.1 and 2 herein, under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”), has been allowed; and the claimants have been awarded compensation of Rs.14,47,000/- alongwith interest @ 9% p.a.
FAO-10566-2014 (O&M)
The present appeal has been filed by the claimants seeking enhancement of compensation of Rs.14,47,000/- granted by the learned MACT, Ludhiana vide Award dated 20.03.2014 passed in MACT Case No. 30 dated 01.09.2011 filed under Section 166 of the Act. The 2 claimants are the widow; and mother of the deceased Avtar Singh, who was 30 years old at the time of accident.
CM-29102-CII-2014 in FAO-10566-2014:
Prayer in this application filed by the claimants u/s 5 of the Limitation Act is for condonation of delay of 116 days in filing the appeal.
2. For the reasons cited in the application, which is duly supported by an affidavi
Compensation in motor accident claims is determined based on preponderance of probabilities, with emphasis on establishing negligence through witness testimony and recalibrating compensation accordin....
The court ruled that inconsistent testimonies in criminal and civil proceedings undermine the credibility of the claimant, leading to dismissal of the compensation claim under the Motor Vehicles Act.
Claimants cannot pursue simultaneous claims under Sections 163(A) and 166 of the Motor Vehicles Act in the same petition; evidence must substantiate claims when seeking compensation.
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
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