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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Abdulla – Appellant
Versus
Anil – Respondent
JUDGMENT :
HARKESH MANUJA, J.
[1]. Vide this common order, both the aforesaid appeals are being decided as the same arise out of a common award dated 08.05.2012 passed by the learned Motor Accident Claims Tribunal, Nuh (for brevity, “the Tribunal”). FAO No.5866 of 2012 has been filed by the claimants/appellants seeking enhancement of compensation awarded on account of death of their son Abdul Gani in a motor vehicular accident, which occurred on 06.10.2009, whereas FAO No.4972 of 2012 has been preferred by the Insurance Company, assailing the quantum of compensation on the ground that the amount awarded by the learned Tribunal is excessive and thus liable to be reduced.
FACTS
[2]. The learned Tribunal, vide the impugned award, granted a sum of Rs.2,47,600/- as compensation, along with interest @ 6% per annum from the date of institution of the claim petition till its actual realization. Both the appeals, involving challenge to the quantum of compensation, are thus, taken up together for adjudication. Facts are being culled out from FAO No.5866 of 2012 for reference.
FACTS
[3]. Appellants being the parents of deceased Abdul Gani, instituted a claim petition under Section 166 of the Motor
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.
The main legal point established in the judgment is the need to consider future prospects and deductions for personal expenses while calculating compensation, as per the legal principles established ....
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
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