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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
National Insurance Company Limited – Appellant
Versus
Laltesh – Respondent
JUDGMENT :
SUDEEPTI SHARMA J .
1. The present appeal has been preferred against the award dated 07.07.2017 passed in the claim petition filed under Sections 166/140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Palwal (for short, ‘the Tribunal’), whereby the appellant-Insurance company was held liable to pay the compensation to the claimants/respondents No.1 to 3 to the tune of Rs.11,00,000/- along with interest @ 7.5% per annum on account of death of Jasbir.
BRIEF FACTS OF THE CASE
2. Brief facts of the case are that on 01.01.2014, Jasbir (since deceased), along with Inderjeet (since deceased), was returning from school after attending the annual function on a motorcycle bearing registration No. HR-50C-3980. On the way, upon meeting Satbir and Mehar Chand at Ghasera turn, the motorcycle was stopped. Mehar Chand also took a lift on the said motorcycle, whereas Satbir proceeded on another motorcycle. When they reached near the water hut, a tractor bearing registration No. HR- 38S-5957, attached with a trolley and driven by respondent No.1 in a rash and negligent manner, came from the side of Hassanpur and while crossing, struck against the motorcycle of
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
In motor vehicle accident claims, liability determined based on preponderance of probabilities; unrelated benefits received by claimants do not reduce compensation for wrongful death.
Appellate courts possess the authority to enhance compensation in motor accident claims to ensure just and fair awards, even in the absence of cross-appeals by claimants, by exercising powers to re-a....
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