SUDESH RAIZADA Vs. DEEPAK GUPTA

JUDGEMENT

(1.) THE claim appeal here is for enhancement of compensation.

(2.) BOTH the appellants Sudesh Raizada and Jyotsna Bawa who were travelling in the car DET 9118 sustained serious injuries when it was involved In an accident with the Haryana Roadways Bus HYX 2428 coaling from the opposite direction. This happened at about 9. 30 A. M. On April 3, 1985 on the Gran Trunk Road near Shahbad. It was the finding of both the Tribunal and the learned Single Judge that the accident had been caused entirely due to the rash and negligent driving of the Haryana Roadways bus The Tribunal awarded a sum of Rs. 1,52,000/ as compensation to Sudesh Raizada which the learned Single Judge enhanced to Rs. 2,80,000/while in the case of Jyotsna Bawa, the award of Rs. 1,26,350/- by the Tribunal was increased to Rs. 1,70,000/- by the learned Single Judge.

(3.) TAKING the case of Sudesh Raizada, a reference to the material on record shows that at the time of the accident, she was about 43 years of age. According 10 the testimony of PW-1 Dr. S. N. Mathuria and PW-2 Dr. K. P. Mishra, it stands established that she suffered messivc brain damage resulting in loss of mental faculties besides other physical injuries. Her situation is such that she has no control over her brain and is barely existing, without, in any manner, having any control over her senses or being able to look after herself. In other words, she is wholly dependent upon other persons to look after her.