RITU BAHRI J. - (1.) Himachal Road Transport Corporation etc.-appellants have come up in appeal against the Award dated 11.03.1998 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as 'the Tribunal'), whereby an amount of Rs.4,60,000/- has been awarded as compensation in favour of claimant-Ashok Kumar Sharma (respondent No.1 herein) on account of death of Minakshi Sharma in a motor vehicular accident which took place on 26.01.1995.
(2.) Claimant-Ashok Kumar Sharma has also filed Cross Objection No.55-CII of 1998 seeking enhancement of compensation awarded by the Tribunal.
(3.) Brief facts of the case are that on 26.01.1995, claimant-Ashok Sharma, along with his wife-Minakshi Sharma and one Sukhwinder Singh were going to Shimla in a car bearing registration No. CH-01-H-9806. The said car was being driven by the claimant himself, whereas his wife-Minakshi Sharma was sitting by his side and Sukhwinder Singh was sitting on the rear seat of the car. When they crossed Kiyarighat, Tehsil Kandaghat, District Solan, a bus bearing registration No. HP-14-3559 being driven by Hem Raj in a rash and negligent manner and at a very high speed, came from the opposite side and struck against the car of the claimant and dragged the same behind by about 62', as a result of which, Ashok Sharma and Minakshi sustained injuries. Later on, Minakshi succumbed to the injuries suffered by her. Ashok Kumar Sharma was rushed to Indira Gandhi Hospital, Shimla, from where, he was referred to PGI, Chandigarh. After this accident, face of the claimant has been disfigured due to loss of 10 teeth and injury to his left eye. His socket has been dipped down besides zygomatic Arc fracture which led to operation of skull. He had also suffered fracture on the bone below the left eyebrow which had been writhed after the operation which has led to cardic problems. The amount of Rs.20,000/- was alleged to have been spent on the treatment which was still continuing. Consequently, claimant-respondent No.1 filed two claim petitions before the Tribunal; on under Section 166 of the Act on account of the injuries received by him and the other i.e. Petition No.13 under Section 163-A of the Act claiming compensation to the tune of Rs.10 lacs on account of the untimely death of his wife Smt. Minakshi.;