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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Baljeet – Appellant
Versus
Kailash – Respondent
| Table of Content |
|---|
| 1. summary of accident details and status of appeal against tribunal award. (Para 1 , 2 , 3 , 4) |
| 2. conflicting contentions regarding contributory negligence and compensation adequacy. (Para 5 , 6) |
| 3. determining contributory negligence in rear-end truck collision cases. (Para 7 , 8) |
| 4. methodology for assessing income loss and future prospects in unorganized sectors. (Para 9 , 10) |
| 5. standard for awarding medical expenses and non-pecuniary pain and suffering damages. (Para 11 , 12 , 13) |
| 6. final calculation of enhanced compensation and specified interest rates. (Para 14 , 15 , 16) |
JUDGMENT :
HARKESH MANUJA, J.
1. The present appeal is preferred by the claimant-appellant against the award dated 18.02.2014 passed by the learned Motor Accident Claims Tribunal, Jind (for short, “ the Tribunal”), whereby compensation to the tune of Rs. 1,42,500/- was awarded on account of injuries sustained by the appellant in a motor vehicular accident, along with interest @ 7% per annum, after holding that the appellant himself was contributory negligent to the extent of 50%.
FACTS
2. Briefly stating, the case of the appellant was that on 12.11.2012, while he was proceeding on his motorcycle fr
Court confirmed that compensation in motor accident cases should consider actual earnings and future income based on permanent disabilities, emphasizing the need for judicial discretion in the interp....
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