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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
United India Insurance Company Limited – Appellant
Versus
Narinder Pal Singh – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. Vide this common judgment, this Court, shall dispose of FAO- 1923-2008 filed by the Insurance Company as well as FAO-3500-2008 filed by the appellant/claimant, as the same have arisen out of the common award dated 01.05.2008 passed by the learned Motor Accident Claims Tribunal, Jalandhar.
2. The appeal, i.e. FAO-3500-2008, has been preferred by the appellant/claimant against the Award dated 01.05.2008 passed by the learned Tribunal in the claim petition under Section 166 of the Motor Vehicles Act, 1988, for enhancement of compensation, granted to the appellant/claimant to the tune of Rs.52,00,000/- along with interest at the rate of 9% per annum, on account of injuries suffered by the appellant/claimant in Motor Vehicular Accident, occurred on 13.10.2002.
3. The appeal, i.e. FAO-1923-2008, has been preferred by the appellant-Insurance Company against the Award dated 01.05.2008 passed by the learned Tribunal in the claim petition under Section 166 of the Motor Vehicles Act, 1988, whereby the claim petition filed by the respondent No.1/claimant was allowed and the appellant-Insurance company was held liable to pay the compensation to respondent No.1/clai
(1) Grievous injuries suffered in motor accident – Taking notional income is not the correct approach to award compensation – Instead, minimum wages payable to a skilled workman in concerned State ha....
Permanent disability suffered in motor accident – A person's understanding of oneself is shaken or compromised at its very root at hands of consistent suffering.
For 100% permanent disability in motor accidents, functional disability matches medical assessment; notional income +40% future prospects with age-based multiplier; liberal non-pecuniary compensation....
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
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