Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Arun Sharma – Appellant
Versus
Mehardeep – Respondent
JUDGMENT :
Yashvir Singh Rathor, J.
1. This appeal has been instituted against the Award dated 08.11.2004 for enhancement of compensation awarded in MACT case No.103 of 25.07.2002 decided by the MACT, Chandigarh (for short “Tribunal”) on account of injuries suffered by appellant in a motor vehicular accident with a vehicle being driven by respondent No.1 in a rash and negligent manner which was owned by respondent No.2 and insured with respondent No.3.
2. I have heard learned counsel for the parties and have perused the material on record.
3. From the pleadings of parties, following issues were framed by the learned MACT:-
“1. Whether the claimant sustained multiple injuries in a motor vehicular accident which took place due to rash and negligent driving of respondent no.1 while he was driving vehicle no.HR-37-1367?OPP
2. If issue no.1 is proved, to what amount of compensation the claimant is entitled to end from whom of the respondents?OPP
3. Whether respondent no.1 was not holding a valid driving licence, if so, its effect? OPR
3. Relief.”s
4. Thereafter, the parties led evidence in support of their case.
5. After hearing the parties and going through the material on the file, learned Trib
The court established that compensation for prosthetic limbs must be just, reasonable, and based on future needs, emphasizing the need for expert assessments to ensure adequacy and fairness.
Compensation for permanent disability due to limb amputation must be 'just,' encompassing accurate notional income, future prospects, and full provision for recurring requirements including periodic ....
The judgment emphasizes the necessity for just compensation reflecting both the severity of injuries and the lifelong impacts on the victim's earning potential and dignity.
The principle of 'just compensation' in motor vehicle accident cases requires that the assessment of damages considers both pecuniary and non-pecuniary losses, reflecting the actual impact of injurie....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
