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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(O&M) MUZAFAR KHAN(THROUGH LRS) AND ORS – Appellant
Versus
RAMESH AND ORS – Respondent
JUDGMENT :
Yashvir Singh Rathor, J.
1. This order shall dispose of above noted three appeals, as the same have emanated out of the same award.
2. This appeal has been instituted against the Award dated 31.10.2003 for enhancement of compensation awarded in MACT case No.73 of 2002 decided by the MACT, Panipat (for short “Tribunal”) in a petition under Section 166 of Motor Vehicles Act, 1988 vide which a sum of Rs.80,000/- has been awarded as compensation to the claimants/appellants- Muzafar Khan and Habiba on account of death of their son Azam Khan alongwith interest at the rate of 9% per annum from the date of filing of claim petition till realization.
FAO No.628 of 2004 (O&M) FAO No.629 of 2004 (O&M)
3. These appeals have been instituted by the owner and driver of the offending vehicle against the afore-said award and by way of these appeals, they have challenged the findings of the Tribunal vide which recovery rights have been given to the Insurance Company to recover the awarded amount from the insured/owner after payment of compensation to the victims.
4. Case of the petitioners is that on 22.06.1999, deceased- Azam Khan along with Abdul Rehman Khan, Mehmood, Illam Singh and Dharam P
Age of deceased should be basis for applying multiplier.
The court recalculated compensation for deceased victims based on proper income assessment and future prospects, while affirming the award for the injured party, emphasizing the need for valid drivin....
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