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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Asha Rani – Appellant
Versus
Dharam Pal – Respondent
JUDGMENT :
HARKESH MANUJA, J.
By way of present appeal, challenge has been laid to an award dated 18.05.2009 passed by the learned Motor Accident Claims Tribunal, Kurukshetra (for brevity, “the Tribunal”), whereby an amount of Rs.2,75,000/- was awarded as compensation to the appellants/claimants along with interest @ 7.5% per annum from the date of filing of petition till its realization on account of death of Mohit Kumar in a motor vehicular accident, that occurred on 29.06.2008.
[2] Since the sole issue for determination in the present appeal is confined to the quantum of compensation and apportionment, a detailed narration of the facts of the case is omitted herein for the sake of brevity.
ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE APPELLANTS
[3] The appellants/claimants before the learned Tribunal had claimed compensation by assessing the monthly income of the deceased at ₹3,000/-, which was accordingly accepted and granted by the learned Tribunal. However, the appellants have assailed the said award before this Court on the ground that the learned Tribunal erred in assessing the income of the deceased on the lower side, and that the same ought to have been determined on the bas
The court concluded that minimum wage standards guide but must not constrain just compensation in motor vehicle accidents, allowing for comprehensive income assessments.
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
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