K K GOYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal under clause X of the Letters Patent is against the judgment and the order dated 10.10.1984 passed by learned single Judge whereby the appellant was granted total compensation of Rs. 3,00,000 on account of injuries suffered in a motor vehicular accident.

(2.) The appellant while pillion riding scooter driven by Dr. Satish Kumar Aggarwal met with an accident on 13.3.1975 with a military truck on the road between Sectors 16 and 10, Chandigarh. In the said accident, the appellant suffered multiple injuries which led to hospitalisation for a long period as well as permanent physical disability. The learned Tribunal assessed the compensation awardable to the appellant at Rs. 2,80,000 but returned a finding that it is a case of contributory negligence and, therefore, the appellant is entitled to compensation of Rs. 1,40,000 only. While determining the amount of compensation at Rs. 2,80,000, learned Tribunal assess- ed the loss of future earnings at Rs. 1,100 per month for 15 years, amounting to Rs. 1,98,000, whereas awarded a sum of Rs. 82,000 on various counts including pain and suffering, medical expenses and on account of loss of expectancy of his life.

(3.) In appeal against the said award by the appellant, the finding regarding contributory negligence was set aside but the loss of earnings was assessed at Rs. 1,50,000. The learned single Judge also awarded compensation of Rs. 25,000 towards an attendant and medical expenses. Learned single Judge awarded consolidated sum of Rs. 1,00,000 on account of damages for pain and suffering; physical disability and loss of amenities.