Punjab and Haryana High Court Dismisses Appeal for Enhancement of Compensation in Motor Accident Claims Case

07 May 2024 8:19 AM

By: Admin

In a recent judgment, the Punjab and Haryana High Court dismissed an appeal seeking enhancement of compensation in a motor accident claims case. The appeal was filed by the claimants, who were the widow, two major sons, and mother of the deceased.

The claimants had approached the court seeking higher compensation awarded by the Motor Accident Claims Tribunal. They argued that the tribunal had not taken into account the loss of estate, had made an incorrect deduction for personal expenses, and had granted a low interest rate.

However, the High Court upheld the tribunal's decision and dismissed the appeal. The court held that the major sons of the deceased were not entitled to compensation based on legal precedents. It further ruled that the deduction for personal expenses made by the tribunal was appropriate, as the claimants failed to provide evidence of pecuniary dependence.

The court also noted that although there was a shortfall in the amount awarded for loss of estate, it fell within permissible limits. Citing a Supreme Court case, the court stated that interference in the award was not warranted when the difference in compensation was between 4% to 5%.

The High Court held that the compensation awarded by the tribunal was just and fair, in accordance with the law. It emphasized that compensation upon the death of a loved one should not be treated as a market negotiation, but rather determined as a "just" amount. The court dismissed the appeal, stating that no grounds for interference were established.

Decided on: 15.05.2023

Smt. Sunita @ Sunita Devi & Others vs Labh Singh & Others