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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RELIANCE GENERAL INSURANCE CO. LTD. – Appellant
Versus
SAVITRI DEVI AND ORS – Respondent
JUDGMENT :
HARKESH MANUJA, J.
Both the aforesaid appeals arise out of a common award dated 16.04.2013 passed by the learned Motor Accident Claims Tribunal, Sonipat (for brevity, “the Tribunal”), and are, therefore, being decided together by this common judgment. Appeal bearing FAO-3484-2013 has been preferred by the Insurance Company in the death case, assailing the quantum of compensation on the ground that the amount awarded by the learned Tribunal is excessive and liable to be reduced, whereas, the second appeal bearing FAO-3320-2013 has been filed by the claimant in the injury case seeking enhancement of the compensation awarded.
[2] The learned Tribunal, vide the impugned award, granted a sum of Rs. 72,51,000/- as compensation in the death claim and a sum of Rs. 31,000/- to the injured claimant, along with interest @ 7.5% per annum from the date of institution of the respective claim petitions till its actual realization. Both the appeals, involving challenge to the quantum of compensation, are thus, taken up together for adjudication.
FACTS
[3] Respondent Nos. 1 to 3, being the legal representatives of deceased-Mahender Singh, instituted a claim petition under Section 166 of the M
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
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