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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Sharanjit Kaur – Appellant
Versus
Gurdev Singh – Respondent
JUDGMENT :
SUVIR SEHGAL J.
CM-7030-CII-2009
1. Prayer in the application is for condonation of delay of 184 days in filing the appeal.
2. Noticing that appeal has been filed by the mother, widow and two minor children of the deceased, delay of 184 days in its filing is condoned.
3. CM is allowed. However, appellants shall not be entitled to interest on the enhanced compensation for a period of 184 days.
Main case.
4. Instant appeal has been filed under the Motor Vehicles Act, 1988, (for brevity “MV Act”) by the legal representatives of Kamaljit Singh-deceased. Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short “the Tribunal”), Jhajjar, vide award dated 09.04.2008.
5. Facts, leading to the filing of the appeal, are that on 19.06.2005, Kamaljit Singh was returning home on his scooter after night duty at PSEB Sub Division, Sahnewal. When he stopped at a traffic signal, a truck bearing registration No. PB12C-3875, being rashly driven by respondent No.1, Gurdev Singh, jumped the traffic signal and struck the scooter from behind. Kamaljit Singh was crushed under the wheels of the truck and died on the spot. An FIR, Ex.AX, No.37, dated 19.0
The court established the entitlement of legal representatives to enhanced compensation in vehicular accidents, emphasizing correct income and multiplier assessment.
The main legal point established in the judgment is the correct calculation of compensation for motor accidents claims, considering factors such as the deceased's income, future prospects, personal e....
: Quantum of compensation must be just and proper.
The main legal point established in the judgment is the correct assessment of compensation under the Motor Vehicles Act and the application of the correct multiplier for calculating the compensation.
Compensation in motor vehicle accident cases must reflect accurate income assessments and account for all dependents and losses, including consortium and estate, with interest applied from the date o....
Compensation in motor accident cases must consider future prospects and conventional heads, with the multiplier reflecting the deceased's age, as per established guidelines.
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