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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GOBIND RAM AND ANR. – Appellant
Versus
KRISHAN LAL AND OTHERS – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR , J.
1. The aforesaid two appeals have been instituted against the Award dated 03.05.2005 passed by Motor Accident Claims Tribunal, Bhiwani arising out of the same Award.
2. Claim petition No.56 of 2002 was instituted by Gobind Ram @ Goma Ram and another against Krishan Lal and others for grant of compensation on account of death of Ved Parkash which occurred due to rash and negligent driving on the part of respondent No.1 while driving the offending vehicle bearing No.HR-16-GA-0295 (for short ‘offending vehicle’), owned by respondent No.2, which was insured with respondent No.3.
3. Claim petition No.19 of 2003 was instituted by Rameshwar owner of jeep bearing No. HR-16A-0522 seeking compensation on account of damage suffered by his vehicle due to rash and negligent driving on the part of respondent No.1 while driving the offending vehicle bearing No.HR-16-GA-0295 (for short ‘offending vehicle’), owned by respondent No.2, which was insured with respondent No.3.
4. From the pleadings of parties, following issues were framed:-
(i) Whether the accident resulting into death of Ved Parkash and damage to vehicle bearing No.HR-16A-0522 had occurred on 20.10.2002
The main legal point established in the judgment is the application of legal principles from relevant judgments to determine just and reasonable compensation in motor vehicle accident cases.
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
Court emphasized 'just compensation' principles, adjusting compensation for loss of dependency and conventional heads, thereby enhancing the award significantly to reflect adequate and fair remunerat....
Compensation for vehicular accidents must be just and reasonable, focusing on equitable loss recovery, while applying correct legal principles without succumbing to strict technicalities.
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