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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Hardevi – Appellant
Versus
Krishan Kumar – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been preferred against the award dated 13.09.2008 passed by the learned Motor Accident Claims Tribunal, Hisar (for short, 'the Tribunal’) in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 for enhancement of compensation granted to the claimants to the tune of Rs.5,61,000/- along with interest @ 7% per annum, on account of death of Vasdev @ Vasudev in a Motor Vehicular Accident, occurred on 12.09.2006.
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 appearing for the claimants–appellants contends that the compensation assessed by the learned Motor Accident Claims Tribunal is inadequate and calls for enhancement. Therefore, he prays that the present appeal be allowed.
4. Per contra, learned counsel for the respondent No.3–Insurance Company submits that the learned Tribunal has erred in law by failing to deduct the amount received by the dependants of
Compensation under the Motor Vehicles Act cannot be reduced by amounts received under the Haryana Compassionate Assistance Rules, preventing double recovery for the same loss.
Compensation under the Motor Vehicles Act must consider gross income without arbitrary deductions and allow future prospects based on statutory guidelines, ensuring just compensation for victims' dep....
Compensation under the Haryana Rules must be fully deducted from Motor Vehicles Act claims, as established by precedent, ensuring no double recovery for dependents.
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