The quantum of compensation awarded in a motor vehicle accident case should be adequate and reasonable, taking into account the nature of the injuries suffered and the loss of income incurred by the victim.

1. Dr. Maharaj Krishan filed application No. 13 of 1961 under section 110-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) for awarding Rs. 10,000/-bv way of compensation on account of the injuries which he received as a result of an accident caused by the driver of the vehicle, respondent No. 3, while driving the bus owned by the Punjab Roadways and the Punjab State respondents No. 2 and 1 respectively at 7 45 A.M. on 2nd September 1960 on the road from Kalka to Kasauli. The applicant was travelling in this bus. He alleged that the driver was driving the bus at a high speed which he could not control while negotiating a turn with the result that it struck against a small temple building on the right side of the road. This not only jolted him but his head and other parts of the body struck violently against the body of the bus causing him serious injuries. Mrs. Sushila Devi Chopra who was also travelling with her husband Dr. Maharaj Krishan received injuries in the like circumstances and filed application No. 15 of 1961 against the same respondents on 19th January 1961 before the Tribunal for awarding her Rs. 10,000/- as compensation.

2. The Tribunal consolidatea proceedings in both the above claims on various grounds. The Tribunal framed the following issues:

1. Whether the claim application is not time-barred ? Are there sufficient grounds to condone the delay and if not its effect ?

2. Whether the accident was caused due to the rash and negligent act of the driver of bus No. PNE-4871 of the Punjab State ?

3. What is the quantum of compensation due, if any, and from whom to whom ?

4. Relief.

The parties did not claim any other issue. The Tribunal found that the two applications were barred by time but held further that there was sufficient cause to condone the delay which he did. He also observed that the accident was due to the rash and negligent act of the driver of bus No. PNE-4371. Consequently he awarded with costs Rs. 8,000/- as compensation and Rs. 1,000/- as medical expenses to Dr. Maharaja Krishan and Rs. 4,000/- as compensation to his wife Mrs. Sushila Devi Chopra.

3 The Punjab State, Dr. Maharaj Krishan and Mrs. Sushila Devi Chopra felt aggrieved from the above order of the Tribunal. The Punjab State filed two separate appeals Nos. F A.O. 74 and 75 of 1962. Dr. Maharaj Krishan and his wife Mrs. Sushila Devi Chopra as well filed two separate appeals Nos. F.A.O. 126 and 127 of 1962 respectively. This order will dispose of all the appeals as the same emanate from a common order of the Tribunal.

4. The learned counsel for the State in his two appeals urged that the Tribunal was not justified in holding that the bus was not road-worthy on the date of the occurrence and that the driver was rash and negligent in the performance of his duties. He also contended that the applicants had been allowed compensation much out of proportion to the injuries suffered by them. He did not press ground No. 2 in the grounds of appeal relating to the condonation of delay in filing the claim applications by the two claimants. The learned counsel for Dr. Maharaj Krishan and Mrs. Sushila Devi Chopra urged that each of the two appellants should have been awarded Rs. 25,000/- by way of compensation. The learned counsel in support of this contention mainly relied on the oral evidence led by the parties before the Tribunal. I may briefly refer to their statements here. Shadi Ram, A W.1 said that be knew Dr. Maharaj Krishan and his wife who met with an accident on 2nd September 1960 and that they were not able to move about on account of the injuries received by them for about 3 or 4 months. He is a Lambardar (Head-man) of village Payal where the two injured persons stayed from 15. 9. 60 a few days after the accident onwards. He admitted having visited both of them when they were at General Hospital, Chandigarh. He found their faces swollen which made their speaking almost i