LAWS(SC)-2022-9-219

HIMMAT KAUR Vs. NATIONAL INSURANCE COMPANY LIMITED

Decided On September 08, 2022
Himmat Kaur Appellant
V/S
NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The instant Appeal is directed against the Judgment dtd. 18/9/2019 passed by the High Court of Punjab and Haryana at Chandigarh, whereby the compensation under the Motor Vehicles Act awarded by the Motor Accident Claims Tribunal, Patiala to the tune of Rs.13,77,000.00 has been reduced to Rs.6,14,320.00.

(3.) The appellants are the widow, widowed mother and three minor children of deceased Sanjiv Virinder Singh, who died in a motor vehicular accident. The deceased was less than 40 years of age. Being fully aware of the minimum wages prevalent in the State of Punjab, coupled with the earning capacity of the deceased, the Tribunal assessed the income of the deceased at the rate of Rs.8,000.00 per month and consequently awarded the above-mentioned amount of compensation.