Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KAMALJEET KAUR AND OTHERS – Appellant
Versus
STATE OF PUNJAB THROUGH ITS SECRETARY TRANSPORT PUNJAB AND OTHERS – Respondent
JUDGMENT :
HARKESH MANUJA, J.
[1]. Vide this common judgment, the above noted two appeals, bearing FAO No. 2652 of 2019 and FAO No. 774 of 2019, impugning the award dated 05.09.2018 passed by the learned Motor Accident Claims Tribunal, S.B.S. Nagar (hereinafter referred to as “the Tribunal”), shall be decided. For convenience, facts are being taken from FAO No. 2652 of 2019.
FACTS
[2]. A claim petition came to be filed at the instance of appellants/claimants before the learned Tribunal, praying for grant of compensation to the tune of Rs.50,00,000/- (Rupees fifty lacs only) on account of death of Joginder Singh in a vehicular accident which took place on 23.05.2017 while alleging rash and negligent driving of respondent No.4-driver.
[3]. Learned Tribunal after appraisal of evidence on record held that the accident occurred due to rash and negligent driving of respondent No. 4 as well as respondent No. 7/driver of the offending vehicles and after assessing the income of deceased @ Rs.7,658.52/- per month in accordance with minimum wages of an unskilled labourer in the year 2017, awarded compensation in the following manner:-
Further, liability was jointly and severally fastened upon respo
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
: Death in motor accident – Where there is no definite evidence about earning of victim guess work can be infused by courts in order to assess earning of deceased.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
