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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Sewa – Appellant
Versus
Mohammad Harun – Respondent
| Table of Content |
|---|
| 1. overview of the appeal contesting the tribunal award. (Para 1 , 2) |
| 2. summary of contentions regarding compensation assessment. (Para 3 , 4) |
| 3. reassessment of income and calculation of specific aid deductions. (Para 5 , 6) |
| 4. standard application of multipliers and conventional head compensation. (Para 7 , 8 , 9) |
| 5. final award determination, adjustment of interest, and case disposal. (Para 10 , 11 , 12 , 13) |
JUDGMENT
HARKESH MANUJA, J.
By way of present appeal, challenge has been laid to an award dated 08.11.2011 passed by the learned Motor Accident Claims Tribunal, Jind (for brevity, “the Tribunal”), whereby an amount of Rs. 1,46,108/- was awarded as compensation to the appellants/claimants along with interest @ 7% per annum from the date of filing of claim petition till its realization on account of death of Nafe Singh in a motor vehicular accident, occurred on 21.10.2010.
2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the Tribunal, a detailed narration of facts of the case is not reproduced herein for the sake of brevity.
ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE APPELLANTS/CLAIMANTS
3. Learned counsel f
Financial assistance received by dependents is deductible from motor accident compensation only to the extent it overlaps with the specific pecuniary loss of income. Benefits not constituting income ....
Financial assistance received by dependents is only deductible from motor accident compensation if it directly overlaps with the pecuniary loss of income. Benefits unrelated to income substitution, s....
Point of Law : Accident claim - Purpose of keeping compensation is to safeguard the interest of the claimants. As long time has elapsed, the amount be deposited in the Saving Account of claimants in ....
Accident claim - Accident occurred in the year 2012 and appeal is of the year 2018, therefore, interest, which is granted 7% will have to be 7.5% from the date of filing of the claim petition till th....
Compensation under the Motor Vehicles Act must consider gross income without arbitrary deductions and allow future prospects based on statutory guidelines, ensuring just compensation for victims' dep....
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