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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Pawan Kumar – Appellant
Versus
Oriental Insurance Company Limited – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
1. By way of the instant judgment, this Court shall decide the afore-titled appeals. FAO-2145-2020 has been instituted by the owner (Pawan Kumar) of truck/tanker bearing registration No. HR-58-2493. FAO-3706-2022 has been instituted by the claimant (Mehak).
2. Vide award dated 15.01.2020, the Motor Accident Claims Tribunal, Yamuna Nagar (hereinafter referred to as ‘the MACT’), awarded a sum of Rs.10,00,000/- lump sum to the claimant (Mehak) on account of injuries and permanent disability suffered by her in a motor vehicular accident which took place on 10.06.2015. The said claimant seeks enhancement in the same. Further, on account of the driver of the truck possessing a fake driving licence, the liability to pay the compensation was fastened upon the driver and owner of the truck. Aggrieved by the said finding, the owner of the truck has assailed the same.
3. On 10.06.2015, the claimant, along with her mother, had gone to the fields in Village Rukali for digging earth. Thereafter, the claimant was returning on her bicycle. Her mother was behind her on a separate bicycle. At about 05:00 PM, when they reached near a factory towards Village Malikpur Banger,
The court ruled that the significant permanent disability of the claimant warranted an increase in compensation to Rs.52,29,613, emphasizing negligence and the lasting impact on the claimant's life.
The insurance company is liable to pay compensation unless it proves policy violations; appellate courts can enhance compensation without cross-appeals by claimants.
The court can award compensation exceeding the original claim in motor vehicle accident cases, emphasizing the necessity for assessing disability based on the claimant's specific occupational role an....
Court must ensure just and reasonable compensation for personal injuries, enhancing initial awards if found inadequate.
The main legal point established in the judgment is the application of the preponderance of probabilities standard in motor vehicle accident cases and the assessment of compensation based on evidence....
The court affirmed that the Insurance Company is liable for compensation despite the absence of a driving license for the driver, emphasizing the need for sufficient evidence to support claims agains....
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