LT. COL. OM ADHAR Vs. BHUSHAN KUMAR

JUDGEMENT

(1.) THIS judgment will also dispose of F.A.O. No. 559 of 1983 as both these appeals arise out of the same award of the Motor Accidents Claims Tribunal, Rupnagar, dated 2nd June, 1983.

(2.) IN an accident between the bus of the Punjab Roadways and a truck on 17th September, 1981 both the claimants, who are husband and wife, were travelling in the bus of Punjab Roadways, suffered injuries. As a result thereof they filed two separate claim petitions claiming compensation. Lt. Col. Om Adhar claimed a sum of Rs. 21/2 lacs as compensation on account of the injuries sustained by him in the accident in question, contending that the same have resulted in his permanent disability, whereas his wife Roshni Sobha claimed a sum of Rs. 31/2 lacs as compensation, contending that the injuries caused to her have resulted in permanent disability necessitating the engagement of domestic help of attendants etc. apart from suffering mental agony and pain. Both the claim petitions were contested by the Punjab Roadways and on the pleadings of the parties the Motor Accidents Claims Tribunal framed the following issues:

(3.) ON the other hand, learned Counsel for the State of Punjab submitted that the injuries suffered by the husband were not serious. He is still continuing in service without any deduction in his salary and, therefore, the injuries caused to him are not such which in any way affected his future prospects. For the little handicap, which has been caused to him on account of the injuries, adequate compensation has already been awarded to him. He referred to Pepsu Road Transport Corporation v. Satinder Sharma : 1984 ACJ 316 (P and H), which is a judgment of this Court, and a Supreme Court judgment which is reported as C.K. Subramonia Iyer v. T. Kunhi Kuttan Nair : 1970 ACJ 110 (SC).