PRIYANKA YADAV AND ANR vs K. ISHWAR BABU LAL AND ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(P&H) 3399

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PRIYANKA YADAV AND ANR – Appellant
Versus
K. ISHWAR BABU LAL AND ORS – Respondent

JUDGMENT :

SUDEEPTI SHARMA J.

1. The present appeal has been preferred against the award dated 10.10.2018 passed by the learned Motor Accident Claims Tribunal, Narnaul in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Tribunal’) for enhancement of compensation granted to the claimants to the tune of Rs.18,81,520/- along with interest @ 9% per annum, on account of death of Amit Kumar in a Motor Vehicular Accident, occurred on 22.09.2017.

2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not required to be reproduced here for the sake of brevity.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES

3. The learned counsel for the claimants-appellants contends that the amount assessed by the learned Tribunal is on the lower side and deserves to be enhanced.

4. He further contends that the income of the deceased has been assessed on the lower side and submits that, for the purpose of proper assessment, the D.C. rates applicable to the area ought to have been applied. Therefore, he prays that the present appeal be allowed and am