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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
National Insurance Co. Ltd. – Appellant
Versus
Birmati Devi – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been preferred against the award dated 10.03.2021 passed in the claim petition filed under Sections 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Kaithal (for short, ‘the Tribunal’) whereby the claimants were granted compensation to the tune of Rs.24,78,000/- along with interest @ 7.5% per annum, on account of death of Ravi in a Motor Vehicular Accident, occurred on 05.11.2018 and the appellant-Insurance Company was held liable to pay compensation to the claimants/respondent Nos. 1 and 2.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that on 05.11.2018, Ravi (since deceased) along with his real elder brother were engaged in masonry work at village Chochra, Tehsil Assandh, District Karnal. At about 6 P.M, when they reached near Dera Sardaraon Wala, a tractor was going ahead of them but all of sudden, the driver stopped his tractor trolley in the center of the road for replying on his mobile phone, due to which he fell on the road, suffered injuries on his body. He was taken to Cygnus Hospital, Kaithal, where doctor declared him dead. FIR No. 598 dated 06.11.2018 was registered against res
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....
The family pension received by the wife of the deceased in a road traffic accident is not a "pecuniary advantage" and is not liable for deduction while determining the compensation under the provisio....
The court established the ability to convert claims from Section 163-A to Section 166 of the Motor Vehicles Act, allowing for cases based on negligence to receive thorough examination and compensatio....
Compensation for loss of dependency in motor accident claims must accurately reflect legal precedents regarding deductions and include adequate compensation for consortium over love and affection.
Just compensation principles affirming fair, reasonable evaluations for victims' families in road accident cases, including future earnings and consortium considerations.
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
Rash and negligent driving is sine qua non for maintaining claim petition seeking compensation in terms of provisions of Section 166 of Motor Vehicles Act held that plea of negligence set up by claim....
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