LI Network
Published on: 26 August 2023 at 11:33 IST
In a landmark verdict, the Punjab and Haryana High Court has amplified the compensation granted in a motor accident case, extending relief to the bereaved family of the victim.
The case was presented by the appellant, Daya, also known as Dayawanti, seeking an augmentation in the compensation awarded following the tragic demise of her husband, Sarwan Kumar, in a motor vehicle accident.
The fatal accident transpired on January 10, 2005, as Sarwan Kumar was driving his truck along the Dhand to Karnal Road. A canter, bearing the registration number HR-64-0903, collided with his truck near Sambli village.
The impact resulted in the instantaneous death of Sarwan Kumar, prompting his widow, Daya, to pursue compensation for her irreparable loss.
Initially, the Motor Accidents Claims Tribunal (MACT) granted a compensation of Rs. 3,79,000/- to Daya. Expressing dissatisfaction with the decision, she appealed to the High Court to revise the awarded sum.
Justice Sanjay Vashisth, presiding over the case, meticulously assessed the multifaceted aspects at hand, considering arguments from both the appellant and the respondent, representing the insurance company.
Justice Vashisth not only recognized the intricate dynamics of the situation but also acknowledged the appellant’s role as a homemaker and her responsibilities as the deceased’s widow.
Highlighting the court’s viewpoint, Justice Vashisth remarked, “The responsibilities borne by a homemaker encompass a wide spectrum of tasks. From managing household duties to nurturing relationships and fostering a harmonious living environment, their contributions are ceaseless and demanding. Operating tirelessly around the clock, the dedication of a homemaker is undeniable.”
The court undertook meticulous recalculations in the compensation assessment, taking into account variables such as the deceased’s monthly earnings, future prospects, personal expenses deduction, and loss of consortium.
The judge drew upon legal precedents and underscored the importance of providing equitable relief to victims and their families.
Ultimately, in a verdict favoring the appellant, Justice Vashisth augmented the compensation awarded to Daya to Rs. 8,44,508/-.