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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Parvin Kumar – Appellant
Versus
Lalit Mohan – Respondent
JUDGMENT :
SUDEEPTI SHARMA J.
CM-21702-CII-2024
1. The present revival application has been filed for revival of FAO-1950-2006 which was dismissed for want of prosecution, vide order dated 05.11.2024. However, liberty was granted to the petitioner to revive the petition.
2. Notice of the application.
3. Mr. Vinod Chaudhari, Advocate, accepts notice on behalf of respondent No. 2-Insurance Company and has no objection if the present application is allowed.
4. For the reasons mentioned in the application, which is supported by an affidavit, the same is allowed and the present appeal is revived to its original number.
5. Accordingly, FAO No. 1950-2006 is taken on board for today itself.
FAO No. 1950-2006
1. The present appeal has been preferred against the award dated 09.01.2006 passed in the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Narnaul (for short, 'the Tribunal') for grant of compensation, whereby the claim petition filed by the claimant-appellant was dismissed.
FACTS NOT IN DISPUTE
2. The brief facts of the case are that on 18.10.2003 at about 11/11.30 a.m., claimant/appellant had started vehicle for Alwar from
The court established that compensation for permanent disability must account for loss of future earnings and amenities, emphasizing the need for just compensation reflecting the claimant's suffering....
The court established that a claimant under the Motor Vehicles Act should be given an opportunity to amend their petition when the tribunal improperly converts the claim from one section to another, ....
Compensation under Section 163-A must adhere strictly to established limits and cannot incorporate elements from fault liability, ensuring just outcomes consistent with legislative intent.
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