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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHARDA AND ANR – Appellant
Versus
NAGENDER SHARMA AND ANR – Respondent
JUDGMENT :
HARKESH MANUJA, J.
1. By way of present appeal, challenge has been laid to an award dated 04.05.2018 passed by the learned Motor Accident Claims Tribunal, Hisar (for brevity, “the Tribunal”), whereby an amount of Rs. 13,52,022/- was awarded as compensation to the appellant/claimant along with interest @ 9% per annum from the date of filing of petition till its realization on account of death of Bhupender alias Vicky in a motor vehicular accident, occurred on 11.06.2016.
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 reproduced and is skipped herein for the sake of brevity.
ARGUMENTS
ON BEHALF OF LEARNED COUNSEL FOR THE APPELLANTS
3. The learned counsel for the appellants assailed the award by submitting that the deceased was earning Rs. 50,000/- per month while working as an electrician, having obtained the requisite technical qualifications from ITI Hisar. It was further submitted that the above fact was duly proved from the deposition of claimants which was not rebutted by the respondents by leading any evidence and therefore, the learned Tr
Determination of compensation in motor accident claims requires assessment of the deceased's income based on social status and dependency of legal heirs.
Income assessment for compensation must reflect realistic estimates, not merely minimum wage, ensuring just compensation based on evidence and established legal principles.
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