Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Oriental Insurance Company Ltd. – Appellant
Versus
Leelawati – Respondent
JUDGMENT :
SUDEEPTI SHARMA J.
1. The present appeal has been preferred against the award dated 04.09.2009 passed by the learned Motor Accident Claims Tribunal, Kaithal (for short, 'the Tribunal’) in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, wherein, the appellant/insurance company was held liable to pay the compensation to the claimants/respondents No.1 to 5 to the tune of Rs.6,09,000/- along with interest @ 7.5 % per annum, on the ground of quantum of compensation to be on higher side.
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. Learned counsel for the appellant-Insurance Company contends that the learned Tribunal has erred in adding monthly pension amount of Rs.5,625/- received by claimant-widow of deceased Nafe Singh while assessing monthly income of deceased as Rs.7,486/-, therefore, he prays that the present appeal be allowed and amount of compensation be reduced.
4. Per contra, learned counsel for claimants/r
Compensation calculation under the Motor Vehicles Act must include total earnings without deducting pension benefits, and married daughters are entitled to compensation irrespective of dependency.
Compensation for motor vehicle accidents must consider full taxable income, including allowances and future prospects, with appropriate deductions for living expenses based on dependents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
