SUBBA RAJU M Vs. SYED MAHABOOB

JUDGEMENT

(1.) As a result of the motor accident that happened on 4-7-78 the petitioner-claimant suffered fracture of the hip bone in addition to its dislocation. Though he was treated in the Victoria Hospital by Dr. Gyanchand PW-1 his right leg has become shorter by 1 1/2". Right hip joint movements are restricted. Even ordinary walking has become difficult for him. He has to limp his way throughout his life. He cannot move without a walking stick. He cannot sit with crossed legs. He has to use commode for answering calls of nature. For all these and for pain and suffering and disability incurred he claimed Rs. 1,96,500 as compensation. The Tribunal has awarded Rs. 90,000 as general damages and Rs. 7,500 as special damages. Aggrieved by the said award the claimant has instituted MFA No 100/80 claiming enhanced compensation.

(2.) As against that, the Insurance Company has instituted MFA No. 1419/79 contending inter alia that the compensation awarded is on the high side.

(3.) The owner of the vehicle in question has also filed cross-objections But the cross-objections were filed on 21-10-80. He was served with notice of appeal on 2-2-80. Thus, there is delay in filing cross-objections. He has filed an application to condone the delay, That has to be considered first,