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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASWANT RAI – Appellant
Versus
BALWINDER SINGH AND ORS – Respondent
Judgment :
Yashvir Singh Rathor, J.
1. This appeal has been instituted against the Award dated 15.10.1998 for enhancement of compensation awarded in MACT case No.2 of 09.01.1993 decided by the MACT, Gurdaspur (for short “Tribunal”) on account of injuries suffered by him in a motor vehicular accident with a vehicle being driven by respondent No.1 in a rash and negligent manner which was owned by respondent No.2 and insured with respondent No.3.
2. I have heard learned counsel for the parties and have perused the material on record.
3. From the pleadings of parties, following issues were framed:-
“1. Whether Jaswant Rai – claimant received injuries due to rash and negligent act of driving of Balwinder Singh respondent No.1 by driving truck No.DL-14/7837 in the area of Sarna Railway Station near Petrol Pump of Bharat Petrol Service Station on 11.11.1992 at 9.45 a.m., OPA.
2. Whether the claimant is entitled to claim compensation from all the respondents, if no, to what amount. OPA
3. Relief.”
4. Thereafter, the parties led evidence in support of their case.
5. After hearing the parties and going through the material on the file, learned Tribunal awarded a sum of Rs.1,70,000/- as compensation
Compensation awarded for personal injuries must consider actual medical expenses, and future loss claims cannot be inherited post-death unless directly linked to the injury.
The assessment of disability must adequately reflect the impact on earning capacity, necessitating appropriate multipliers and comprehensive evaluations of pain and suffering in compensation claims.
Permanent disability caused in road accident – By arithmetical calculation, it cannot be decided what may be exact amount of money which would represent pain and suffering to a person, but as per rec....
Compensation for injuries must reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
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