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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUNITA AND ANR – Appellant
Versus
VIKRANT SAKLANI AND ORS – Respondent
JUDGMENT
YASHVIR SINGH RATHOR. J.(Oral)
1. The aforesaid three appeals have been instituted against the Award dated 04.01.2020 passed by Motor Accident Claims Tribunal, Chandigarh (for short “Tribunal”) in the petitions under Section 166 of Motor Vehicles Act, 1988, filed by the appellants seeking enhancement of compensation on account of deaths of Piyush, Ranjana Kapoor and Harshita in a motor vehicular accident due to the rash and negligent driving on the part of respondent No.1-Vikrant Saklani, while driving the offending Volvo Bus No.HR38-Y-0099 (hereinafter referred to as offending vehicle), owned by respondent No.2 and insured with respondent No.3-Insurance Company.
2. Claim petition No.64 of 2019 in FAO-2104-2021, titled ‘Sunita and another Versus Vikrant Saklani and others’, was instituted by the parents of deceased-Piyush, aged 5 years, for grant of compensation on account of death of their son.
3. Claim petition No.70 of 2019 in FAO-2654-2021, titled ‘Rajesh Kapoor Versus Vikrant Saklani And others’, was instituted by the father of deceased-Ranjana Kapoor, aged 18 years, for grant of compensation on account of death of his daughter.
4. Claim petition No.60 of 2019 in FAO-3296-
Motor accident compensation requires structured assessment including future prospects, age-based multipliers, dependency deductions, and conventional heads like consortium per Pranay Sethi guidelines....
Compensation for minors in accident cases must include minimum wage provisions and future prospects, ensuring claims reflect fair assessments as established by court precedents.
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
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