Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LABH SINGH – Appellant
Versus
SUBHASH CHANDER ETC. – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR , J. (Oral)
1. This appeal has been instituted against the Award dated 31.07.2001 passed by MACT, Ambala (for short “Tribunal”) for enhancement of compensation awarded in MACT Case No.87 of 23.05.1998 in a petition under Section 166 of Motor Vehicles Act, 1988 vide which a sum of Rs.1,97,060/- has been awarded as compensation to the claimant/appellant along with interest at the rate of 9% per annum due to injuries suffered by him in a motor vehicular accident on account of rash and negligent driving by respondent No.1, while driving offending vehicle bearing No.HP-31-3561 (for short ‘offending vehicle’), owned by respondent No.2, which was insured with respondent No.3.
2. From the pleadings of parties, following issues were framed by the learned Tribunal:-
1. Whether the claimant had sustained injuries in an accident caused by Vehicle No.HP-31-3561 due to rash and negligent driving on the part of respondent No.1? OPP
2. To what amount of compensation, if any, the claimant is entitled to and from whom?OPP
3. Whether respondent No.3 is not liable to pay compensation, as alleged? OPR-3.
4. Relief.
3. Thereafter, the parties led evidence in support of their cas
The court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.
The main legal point established is the assessment of compensation for permanent disablement and medical treatment under the Motor Vehicles Act, based on medical evidence and relevant legal principle....
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
