MALA AGGARWAL Vs. JAGDISH KUMAR

JUDGEMENT

(1.) THIS order will dispose of F. A. O. Nos. 715 to 717 of 1988 and F. A. O. No. 937 of 1988. All these F. A. Os. arise out of the three claim applications allowed vide order of the Motor Accidents Claims Tribunal, Hoshiarpur, (hereinafter called 'the Tribunal') dated June 1, 1988. The Tribunal by the said judgment found that the accident had taken place on December 9, 1986. In that accident, Sanjeev Kumar Aggarwal, who was travelling in car No. PAU 284, had died due to the rash and negligent driving of the military truck, which was being driven by Dalip Singh, respondent. The Tribunal also came to the conclusion that Mala Aggarwal, the wife of Sanjeev Kumar Aggarwal, sustained injuries in the accident which had occurred due to the negligence of Dalip Singh, driver. The Tribunal allowed a sum of Rs. 7,500/- to Mala Aggarwal, the claimant-appellant, on account of the injuries suffered by her in the accident. The amount of compensation included the amount spent on her treatment, pain and agony suffered and to be suffered in the plastic surgery undergone by her. The Tribunal allowed the compensation of Rs. 80,000/- to Saraswati Aggarwal, mother of Sanjeev Kumar Aggarwal, deceased and Rs. 50,000/to the father of the deceased. Rs. 1,42,000/- were awarded as compensation to Mala Aggarwal, the widow of the deceased. This includes Rs. 7,500/- awarded to her regarding injuries she suffered in the accident.

(2.) AGGRIEVED against the aforesaid award of the Tribunal, these appeals have been filed claiming enhancement of compensation awarded by the Tribunal. F. A. O. Nos. 715 and 717 of 1988 have been preferred by Mala Aggarwal, the widow of deceased. F. A. O. No. 937 of 1988 has been filed by the father of the deceased and by Saraswati Aggarwal, the mother of the deceased.

(3.) MALA Aggarwal, the appellant, was married to Sanjeev Kumar Aggarwal, deceased, on December 6, 1986. At the time of the marriage she was of 22 years of age. On December 9, 1986, Sanjeev Kumar Aggarwal, was driving the car himself, when the accident took place near village Rail Majra on the Balachaur-Ropar Road, with the military truck. At the time of the accident, Mala Aggarwal, the wife of the deceased, and the said deceased sustained injuries. Immediately after the accident they were taken to the Civil Hospital, Ropar. Due to the injuries suffered by her she was transferred to the P. G. I. , Chandigarh, for treatment. She remained as an indoor patient there from December 9, 1986 to December 17, 1986. Respondent No. 1 claimed that the accident had taken place due to the car being driven by Sanjeev Kumar Aggarwal in a rash and negligent manner. On the pleadings of the parties, the Tribunal framed the following issues: