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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Tata Aig General Insurance Compay Ltd. – Appellant
Versus
Koushliya – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been preferred against the award dated 17.02.2024 passed by the learned Motor Accident Claims Tribunal, Nuh in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Tribunal’) for wherein the appellant-Insurance Company was held liable to pay the amount of Rs.16,49,480/- along with interest @ 7.5% per annum, on account of death of Mordhawaj in a Motor Vehicular Accident, occurred on 06.05.2019 on the ground that quantum of compensation is on higher side.
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 required to be reproduced here for the sake of brevity.
SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES
3. The learned counsel for the appellant-insurance company contends that the learned Tribunal has wrongly assessed the income of the deceased at Rs. 7,800 per month by considering him to be a skilled worker under the minimum wages notification issued by the Government of Rajasthan, without there being Documentary Evidence on record to justify such categorisation.
In motor accident claims, where documentary evidence of income is absent, courts may use minimum wage notifications as a baseline while applying reasonable guesswork to determine actual income. Compe....
Tribunals may rely on unrebutted testimony for income and age in accident claims; compensation calculated using one-third deduction, age-based multiplier per Sarla Verma and Pranay Sethi, without fut....
In the absence of documentary evidence, the court may determine a deceased's income through reasonable guesswork guided by minimum wage notifications. Furthermore, compensation for conventional heads....
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