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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
United India Insurance Co. Ltd. – Appellant
Versus
Giarsi Devi – Respondent
JUDGMENT :
ARCHANA PURI, J.
1.These are bunch of six appeals, filed to assail the Awards of even date passed by learned Motor Accident Claims Tribunal, thereby, granting compensation on account of deaths of Sushil Kumar alias Sushil, Pooja and Pari alias Gunnu, in the same motor vehicular accident.
2. FAOs-4661, 4662 & 4665-2023 have been filed by the claimants, to question the adequacy of the compensation awarded by learned Tribunal, on account of deaths of Sushil Kumar alias Sushil, Pooja and Pari alias Gunnu.
3. FAOs-3847, 3853 & 3859-2023 have been filed by the insurance company to question the involvement of the truck bearing registration No.PB-12Y-3651 and also seeking reduction of the compensation awarded vide impugned Awards dated 04.03.2023.
4. For the convenience of discussion, the parties are referred to, as making appearance before learned Tribunal.
5. It is pertinent to mention that three separate claim petitions were filed, qua death of Sushil Kumar alias Sushil, his wife Pooja and their daughter Pari alias Gunnu, in the same accident. Similar manner of taking place of the accident was asserted in all the three claim petitions.
6. For the convenience, the facts are taken fro
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, ....
The court established that contributory negligence must be proven, and compensation should be just and adequate, reflecting the actual loss suffered by the claimants.
The main legal point established in the judgment is the re-assessment of compensation based on income tax returns and future prospects of the deceased, influenced by the legal principles established ....
In motor accident claims, the standard of proof is the preponderance of probability. Income assessment should rely on the latest statutory tax returns, and compensation must include the value of mana....
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