LIEUT COL OM ADHAR Vs. SHRI 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 Accident 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 and 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 claims a sum of Rs. 2-1/2 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 Smt. Roshni Sohba claimed a sum of Rs. 3-1/2 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 Accident Claims Tribunal framed the following issues :-

(3.) Learned counsel for the claimants contended that the compensation awarded to both the husband and the wife was inadequate. The prospects for better job after retirement of the husband have not been taken into consideration. Even certain material facts, which were relevant for determining the compensation, have not been taken into consideration. Similarly in the case of wife, her leg had been shortened by 2-1/2" and therefore, she cannot stand without support. She was aged 36 at the time of accident and on account of the permanent injury her future career had been impaired. Thus, argued the learned counsel, in both the cases the compensation should be adequately enhanced. In support of his contention he referred to Lt. S.K. Ganguly v. State of Haryana,1986 90 PunLR 444.