IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Sameera Goyal – Appellant
Versus
Sarwan Singh – Respondent
JUDGMENT :
ARCHANA PURI, J.
1. These are two appeals filed by the appellants-claimants, thereby, seeking enhancement of the compensation, awarded on account of death of Manoj Goyal, in a motor vehicular accident.
2. Suffice to consider that the accident had taken place on 25.02.2011. On appraisal of the evidence, brought on record, learned Tribunal had held about the accident to have taken place, due to rash and negligent driving of truck bearing registration No.PB-02P-9525, driven by respondent No.1-Sarwan Singh and the same resulted into death of Manoj Goyal.
3. Learned Tribunal, on the basis of the evidence, brought on record, considered the age of the deceased to be 30 years, at the time of accident, as his date of birth was 16.06.1980, as evident from the educational certificates Ex.P9 and Ex.P10. The claim petition was filed by father, mother as well as widow of the deceased. So far as, father of the deceased is concerned, learned Tribunal had concluded that there was no evidence, about the father to be dependent upon the income of the deceased and as such, dismissed the claim petition qua father of the deceased, whereas, it held the widow and mother to be entitled to compensatio
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Compensation for loss of dependency includes emotional and psychological aspects beyond mere financial support.
Compensation assessments in fatal accident claims must account for actual dependency, future prospects, and appropriate multipliers, following statutory guidelines and relevant precedents.
The court held that the earnings of the deceased should be fairly estimated for compensation purposes, emphasizing the benevolent nature of the Motor Vehicles Act and applying appropriate deductions ....
In motor accident claims involving the death of a child or student, compensation must be assessed by adopting the minimum wage of a skilled worker as the base income, incorporating future prospects, ....
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