IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAHUL KUBBA – Appellant
Versus
SANJAY KUMAR AND ORS – Respondent
JUDGMENT :
SUDEEPTI SHARMA J. (ORAL)
1. The present appeal has been preferred against the award dated 09.03.2021 passed in the claim petition filed under Section 166 and 140 of the Motor Vehicles Act, 1988 (in short ‘1988 Act’), by the learned Motor Accident Claims Tribunal, Fazilka (in short ‘the Tribunal’) for enhancement of compensation, granted to the appellant/claimant to the tune of Rs.4,51,855/- along with interest @ 9% per annum on account of injuries sustained by the appellant/claimant – Rahul Kubba in a Motor Vehicular Accident, occurred on 27.02.2016.
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 and is skipped herein for the sake of brevity.
SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES
3. The learned counsel for the appellant/claimant contends that the compensation awarded by the learned Tribunal is on the lower side and deserves to be enhanced. Therefore, he prays that the present appeal be allowed and the compensation awarded to the appellant/claimant be enhanced, as per latest law.
4. Per contra, learned c
Compensation in personal injury cases should fully restore claimants to their pre-accident position, factoring in medical costs, loss of earnings, and future prospects.
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