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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHARDA DEVI – Appellant
Versus
MAHAVIR AND OTHERS – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J .
1. The present appeal has been preferred against the award dated 03.01.2016 passed by the learned Motor Accident Claims Tribunal, Sirsa in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Tribunal’) for enhancement of compensation granted to the claimant to the tune of Rs.86,167/- along with interest @ 9% per annum, on account of injury suffered by the appellant in a Motor Vehicular Accident, occurred on 31.08.2014.
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/claimant contends that the compensation awarded by the learned Tribunal is on the lower side and deserves to be enhanced. Therefore, the present appeal be allowed and the compensation awarded to the appellant/claimant be enhanced, as per latest law.
4. Per contra, learned counsel for the respondent-Insurance Company, however, vehemently argues that the award has rightly been passed
Compensation in personal injury cases should fully restore claimants to their pre-accident position, factoring in medical costs, loss of earnings, and future prospects.
Compensation under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
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