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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TARSEM CHAND AND ANOTHER – Appellant
Versus
RAJ KUMAR AND OTHERS – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
The instant appeal has been instituted by the appellants-claimants seeking enhancement in compensation awarded by the Motor Accident Claims Tribunal, Mansa (for short `the MACT’), on account of death of one Roop Chand, who expired in a motor vehicular accident, which took place on 15.08.2009.
2. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short `the MV Act’) was instituted by the sons of one Roop Chand. It was pleaded that on 15.08.2009 at about 3.10 PM, the said Roop Chand alongwith his wife Kanta Rani (who had also died in the accident in question) and claimant-Tarsem Chand @ Pappu (who too had received injuries in the said accident), were coming from Patiala to Mansa in an Indica car bearing registration no. PB-31-E-5902 being driven by Kala Singh @ Jasbir Singh. It was further claimed that a Ford Fiesta car bearing registration No. HR-036-6177 (hereinafter to be referred as `the offending vehicle’), being driven by respondent no.1 in a rash and negligent manner, came from the side of Cheema and hit the said Indica car. As a result of the same, all the occupants of the India car received serious injuries. Whereas Roop Chan
The court determined compensation based on the deceased's age and income, emphasizing reliance on documentary evidence and established legal principles in motor vehicle accident claims.
Compensation in motor vehicle accident cases must be calculated based on accurate assessments of the deceased's age, income, and number of dependents, following established legal principles.
Claimants must prove the involvement of the insured vehicle and negligence; evidence was sufficient to uphold the compensation awarded.
The main legal point established is the assessment of compensation in motor accident cases under the Motor Vehicles Act, emphasizing the principles of just and reasonable compensation based on availa....
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