SURESH JATAV Vs. SUKHENDRA SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was the claimant before the Tribunal who claimed 100% functional disability on account of the injuries suffered in a motor vehicle accident.

(3.) On facts, suffice it to notice that the appellant was travelling in an auto rickshaw on 12/8/2002 when a bus, being driven rashly and negligently, collided with the auto and the appellant had to be admitted in a hospital. The appellant was hospitalized for about six days and a surgery had to be conducted on him. An insertion was made to treat the compound fracture suffered on the fibula of his right leg. He also suffered a fracture to the ulna of the right hand which required plastering. The appellant had been regularly visiting the hospital due to his leg having not healed. The appellant claimed that he was a skilled mason and a person working with him was examined to prove that he was earning an income of Rs.200.00 per day. The medical treatment undergone by him and the disability was proved by examination of the record clerk of the hospital who produced the necessary records and the doctor who treated the appellant.