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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GOURAV @ GOURAV MOUDGIL – Appellant
Versus
RAJ KUMAR AND ORS – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been preferred against the award dated 06.09.2011 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (in short ‘1988 Act’), by the learned Motor Accident Claims Tribunal, Ambala (in short ‘the Tribunal’) for enhancement of compensation, granted to the appellant/claimant to the tune of Rs.67,564/- along with interest @ 9 % per annum on account of injuries sustained by the appellant/claimant –Gourav in a Motor Vehicular Accident, occurred on 08.03.2009.
2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not required to be reproduced and is skipped herein for the sake of brevity.
SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES
3. The learned counsel for the appellant/claimant contends that the compensation awarded by the learned Tribunal is on the lower side and deserves to be enhanced. He further contends that learned Tribunal has erred in not assessing loss of income as the claimant/appellant has suffered disability at the extent of 30%. Therefore, he prays that the pre
Compensation in personal injury cases should fully restore claimants to their pre-accident position, factoring in medical costs, loss of earnings, and future prospects.
Compensation under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
Compensation under the Motor Vehicles Act must accurately reflect loss and restore the claimant's position post-accident.
The court re-evaluated the compensation for injury based on realistic socio-economic conditions and established that compensation must adequately reflect the loss and suffering sustained by the claim....
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