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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Kanchan Sharma – Appellant
Versus
Dharam Chand @ Dharma – Respondent
JUDGMENT :
HARKESH MANUJA, J.
[1]. Vide this common judgment, the above noted two appeals, bearing FAO No.6391 of 2011 and FAO No.6411 of 2011, are being decided as both the appeals lay challenge to the award dated 20.07.2011 passed by the learned Motor Accident Claims Tribunal, Karnal (hereinafter referred to as “the Tribunal”), whereby an amount of Rs.17,75,000/- was awarded as compensation to the appellants/claimants along with interest @ 7.5% per annum. For brevity, the facts are being culled out from FAO No.6391 of 2011 for reference.
FACTS
[2]. A claim petition came to be filed at the instance of appellants/claimants before the learned Tribunal, praying for grant of compensation considering monthly income at the rate of Rs 50,000/- on account of death of Sham Lal @ Sham Sunder Sharma in a vehicular accident which took place on 01.07.2010, while alleging rash and negligent driving of respondent No.1-driver.
[3]. Learned Tribunal after appraisal of evidence on record held that the accident occurred due to rash and negligent driving of respondent No.2/driver and after assessing income of deceased @ Rs.15,000/- per month taking into account Income Tax Returns of the deceased, awarded
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
Financial assistance received by dependents is only deductible from motor accident compensation if it directly overlaps with the pecuniary loss of income. Benefits unrelated to income substitution, s....
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