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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Manjit Kaur (Since Deceased) through LRs. – Appellant
Versus
Satish Kukkar – Respondent
JUDGMENT :
NIDHI GUPTA, J.
1. Present appeal has been filed by claimants seeking enhancement of compensation of Rs.13,62,756/- awarded by the Motor Accident Claims Tribunal, Moga (hereinafter ‘the learned Tribunal’) vide Award dated 14.12.2022 passed in MACP Case No.26 dated 03.08.2021 filed under Section 166 of the Motor Vehicles Act (hereinafter “the Act”). The original Claim Petition had initially been filed by the 60-year-old widow, 37-year-old married son, 35-year-old married son and 33-year-old married son of deceased Joginder Singh, who was 64 years 11 months 24 days old at the time of accident. During the pendency of the Claim Petition, claimant no.1 namely, Manjit Kaur 60-year-old widow of deceased Joginder Singh had expired; and the claimants No.2, 3 and 4 were brought in as LRs of the claimant No.1.
2. Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral & documentary evidence adduced by the parties, concluded that deceased Joginder Singh had died due to the injuries suffered by him in a motor vehicular accident that took place on 06.07.2021 at about 8:45 am due to the rash and negligent driving of TATA Pick-up bearing registration No.RJ-13
The court confirmed that the compensation for wrongful death must reflect just and reasonable standards without profit motives, emphasizing dependency evidence in deductions.
Compensation assessments in fatal accident claims must account for actual dependency, future prospects, and appropriate multipliers, following statutory guidelines and relevant precedents.
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