LAWS(RAJ)-1985-9-28

STATE OF RAJASTHAN Vs. SHANKUNTLA

Decided On September 03, 1985
STATE OF RAJASTHAN Appellant
V/S
Shankuntla Respondents

JUDGEMENT

(1.) AS a result of motor accident that happened on 23rd March, 1979 at about 9.50 P.M. claimants Cpt. Gunwant Singh and his wife Smt. Shakuntla sustained injuries. They filed separate claims petitions before the Accident Claims Tribunal, the Tribunal awarded claim of Cpt. Gunwant Singh to the extent of Rs. 26,000/ - and claim of Smt. Shakuntla was allowed to the extent of Rs. 22,000/ -. Though, two separate claims petitions were filed but the learned Claims Tribunal disposed of the case by one single order.

(2.) AGGRIEVED by the Award dated 16 -10 -1981 passed by the Claims Tribunal, two separate appeals have been filed by the State. As the driver of the Jeep was in the employment of the State. The two appeals have been registered as S.B. Civil Misc. Appeals No. 8/82 and 9/82. The claimants have also filed cross -objections for enhancing the amount of compensation. The aforesaid two appeals and the cross -objections are being disposed of by this 'judgment as they are arising out of one order passed by the Claims Tribunal.

(3.) THE claimant Cpt. Gunwant Singh alleged that he is in service of military and on account of his meritorious service in the 'Indo -Pak' war, he was awarded special medal, and, due to the accident, his future chances of promotions are greatly affected. He claimed Rs. 1,99,000/ - for future loss of promotion and physical, mental agony and also claimed Rs. 1,000/ - for damage caused to Scooter. He preferred a claim of Rs. 2,00,000/ - against the appellants.