Claimants appealed the MACT award for the death of a 20-year-old rikshaw puller in a rash and negligent driving accident. The High Court enhanced compensation by adding 40% future prospects, applying multiplier 18, and granting Rs.48,000 each for loss of consortium plus Rs.18,000 each for funeral expenses and loss of estate.
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FAO No.1978 of 1994
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.1978 of 1994 Date of decision : 03.10.2024
Gyanti Devi and others
....Appellants
Versus
Rakesh Kumar and others
...Respondents
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Ashwani Arora, Advocate for the appellants.
Mr. Aseem Aggarwal, Advocate for respondent No.3.
PANKAJ JAIN, J. (ORAL)
Claimants are in appeal seeking modification of the award passed by the MACT, Chandigarh, dated 1st of February, 1994.
Deepak Kumar 2024.10.29 18:19 I attest to the accuracy and integrity of this document
FAO No.1978 of 1994
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No.1.
issue No.2.
Deepak Kumar 2024.10.29 18:19 I attest to the accuracy and integrity of this document
FAO No.1978 of 1994
3
law laid down in ‘ Smt. Sarla Verma & others vs. Delhi Transport Corporation & another’ (2009) 6 SCC 121 . Nothing has been paid under the conventional heads. The appellants are held entitled for an amount of Rs.48,000/- each, on account of loss of consortium. Further, amount of Rs.18,000/- each is granted for funeral expenses and Loss of Estate collectively.
Award.
October 03, 2024 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Deepak Kumar 2024.10.29 18:19 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether claimants were entitled to enhancement of compensation by adding future prospects and conventional heads to the MACT award for death of a 20-year-old rikshaw puller.
Colour shows how this judgement treated each authority
National Insurance Company Limited vs. Pranay Sethi and othersRelied on¶7
2017 (16) SCC 680 · Who else cites this
Smt. Sarla Verma & others vs. Delhi Transport Corporation & anotherRelied on¶7
(2009) 6 SCC 121 · Who else cites this
Gyanti Devi and others
Rakesh Kumar
respondent No.3
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
