VAIBHAV NIJHAWAN Vs. MANI LAL

JUDGEMENT

(1.) THIS order of mine shall dispose of all the four F. A. Os. bearing Nos. 772, 773, 774 and 775 of 1990, which have arisen out of the common judgment dated 9. 5. 1990 rendered by Motor accidents Claims Tribunal, Chandigarh (hereinafter referred to as 'the Tribunal' ). By filing the present F. A. Os. the appellants have prayed for the enhancement of compensation, for the injuries received by them in the same accident. The Tribunal after considering evidence brought on record, awarded compensation to the claimants as under: <FRM>JUDGEMENT_606_ACJ_2008Html1.htm</FRM>

(2.) SINCE, all family members received serious injuries in the same accident, facts are taken from F. A. O. No. 772 of 1990.

(3.) IN brief, facts of the case are that on 4. 8. 1986 at about 9. 15 p. m. Vivek Anand nijhawan along with his wife and children was going to his house in Sector 36 on motor cycle bearing No. CHO 7523 after closing his factory situated in the Industrial area, Chandigarh. When he reached near tribune Chowk, the left hand side of the road was closed to traffic for security reasons and he drove the motor cycle on the right hand lane from where the traffic was diverted. When he reached near Tribune chowk, a car bearing No. PJV 6383 being driven by respondent Muni Lal came from the opposite side at a high speed without its headlights on. All of a sudden the said car swerved to the right side without any reason and hit the motor cycle from the front side, as a result of which all the persons sitting on the motor cycle including the claimant suffered severe injuries. They were shifted to P. G. I, where they remained under treatment. According to the claimants, the accident took place because of rash and negligent driving of the car being driven by V. K. Sood. The claimant Vivek anand claimed compensation in the sum of Rs. 20,00,000; Vaibhav claimed compensation of Rs. 5,00,000; Kandla claimed compensation of Rs. 10,00,000; Mahima (minor) claimed compensation in the sum of Rs. 5,00,000 under various heads, i. e. , for pain and suffering, medical treatment, hospitalisation, whole-time attendant, loss of business, mental torture, enjoyment of life, permanent disability and special diet.