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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANTOSH SOOD & ORS – Appellant
Versus
HY STATE AND ORS – Respondent
JUDGMENT :
Yashvir Singh Rathor, J.
1. As requested, the matter is taken up after lunch break.
2. This appeal has been instituted against the Award dated 16.7.2001 for enhancement of compensation awarded in MACT case No.177 of 1999 decided by the Motor Accident Claims Tribunal, Chandigarh (for short “Tribunal”) in a petition under Section 166 of Motor Vehicles Act, 1988, vide which a sum of Rs.2,77,200 has been awarded as compensation to the claimants on account of death of Krishanjit Sood in a motor vehicular accident which allegedly took place due to rash and negligent driving on the part of respondent No.2 while driving the offending vehicle bearing No.HR-03-7939 (hereinafter referred to as ‘offending vehicle’) alongwith interest @9% per annum from the date of award till the date of realisation.
3. From the pleadings of parties, following issues were framed by the learned Tribunal:-
“i) Whether the respondent No.2 while driving bus No.HR-03- 7939 rashly and negligently caused accident on 17.1.1999 resulting into the death of Krishanjit Sood? OPA.
ii) To what amount of compensation, applicants are entitled, if so, from whom? OPA
iii) Whether claim application is bad for non-joinder of
Compensation assessments in fatal accident claims must account for actual dependency, future prospects, and appropriate multipliers, following statutory guidelines and relevant precedents.
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
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