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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AJIT SINGH – Appellant
Versus
BHUPINDER SINGH – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. This appeal has been instituted against the Award dated 04.01.2003 passed by MACT, Amritsar (for short “Tribunal”) for enhancement of compensation awarded in MACT Case No.71 of 1999 in a petition under Section 166 of Motor Vehicles Act, 1988 vide which a sum of Rs.1,17,153/- has been awarded as compensation to the claimant/appellant along with interest at the rate of 9% per annum due to injuries suffered by him in a motor vehicular accident on account of rash and negligent driving by respondent No.1 while driving offending vehicle bearing No.PB-02-J-9815 (for short ‘offending vehicle’), owned by respondent No.2, which was insured with respondent No.3.
2. From the pleadings of parties, following issues were framed by the ld. MACT:-
“1. Whether the claimant received injuries on 25.2.99 due to rash and negligent driving of truck No.PB-02-J-9815 by respondent No.1? OPA
2. Whether the respondent No.1 was not holding valid driving licence? OPR-3
3. To what amount of compensation the claimant is entitled and from whom? OPA
4. Relief.”
3. Thereafter, the parties led evidence in support of their case.
4. After hearing the parties and going through the material
The main legal point established is the assessment of compensation for permanent disablement and medical treatment under the Motor Vehicles Act, based on medical evidence and relevant legal principle....
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
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