IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
New India Assurance Co. Ltd. – Appellant
Versus
Urmila Rawat – Respondent
| Table of Content |
|---|
| 1. scope of appeal restricted to quantum of compensation. (Para 1 , 2) |
| 2. rival contentions regarding calculation of compensation and personal deductions. (Para 3 , 4) |
| 3. application of established precedent standards for motor accident compensation assessment. (Para 6 , 7 , 8) |
| 4. assessment of tribunal findings against statutory schedules and legal precedents. (Para 9 , 10 , 11 , 12 , 13) |
| 5. recalculation of total compensation including future prospects and conventional heads. (Para 14 , 15 , 16) |
| 6. appellate authority's power to enhance compensation absent cross-objections. (Para 17) |
| 7. granting interest on enhanced compensation from claim petition filing date. (Para 18) |
| 8. final order for deposit and disbursement of compensation. (Para 19 , 20 , 21) |
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been preferred against the award dated 15.01.2015 passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short, 'the Tribunal’) in the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988, wherein, the appellant/insurance company was held liable to pay the compensation to the claimants/respondents No.1 and 2 to the tune of Rs.7,05,000/-
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Appellate courts possess the authority to enhance compensation in motor accident claims to ensure just and fair awards, even in the absence of cross-appeals by claimants, by exercising powers to re-a....
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