IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Meena – Appellant
Versus
Baljinder Kumar – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. This appeal has been instituted against the Award dated 22.09.2004 for enhancement of the compensation awarded in MACT Case No.9 of 2001 decided by the Motor Accident Claims Tribunal, Sirsa (for short “Tribunal”) in a petition under Section 163-A of Motor Vehicles Act, 1988 (hereinafter referred to as ‘Act’) vide which a sum of Rs.2,69,500/- has been awarded as compensation to the claimants alongwith interest at the rate of 9% per annum from the date of filing of claim petition till realization on account of the death of Gurdev Singh in a motor vehicular accident.
2. From the pleadings of parties, following issues were framed by the learned Tribunal:-
“1. Whether the petitioners are only legal heirs of deceased Gurdev Singh and entitled to compensation? If so, how much and from whom? OPP
2. Whether the respondent No.1 was not holding a valid driving licence at the time of accident? If so, its effect? OPR2
3. Whether the respondent No.3 was not holding a valid driving licence at the time of accident? If so, its effect? OPR4.
4. Whether the respondent No.5 not holding a valid driving licence at the time of accident? If so, its effect? OPR6
5. Relief.”
3.
The enhanced compensation amount for death under no-fault liability, as prescribed by the amended statutory provisions, applies retrospectively to pending claims, as the legislation is a beneficial p....
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