N R NITHEESH Vs. KALEEM PASHA AND OTHERS

JUDGEMENT

(1.) The judgment and award dated 30-1-2013 passed by the Additional Motor Accident Claims Tribunal, Mysuru, in MVC No. 761/2012 is called in question in this appeal by the claimant, seeking enhancement of compensation.

(2.) Ex. P.6 is the wound certificate issued by the B.G.S. Apollo Hospital, Mysuru which shows that the appellant/claimant has suffered axonal injury, metacarpal bone fracture of the right hand, right zygomatic maxilla complex fracture and left side femur haemiperesis. The doctor has opined that all these injuries are grievous in nature. Exs. P.10 and P.11 are the records showing that the appellant was inpatient from 8-6-2012 till 28-6-2012 and again, he was admitted on the same day and continued under the treatment till 11-7-2012. The nature of treatment also discloses that the appellant has undergone internal fixation for the fractured bone and also right zygomatic complex fracture. The appellant was advised physiotherapy treatment till he recovers completely. Though at the time of discharge, the appellant was conscious, he needed long rehabilitation. Ex. P.30 is the discharge card of B.G.S. Apollo Hospital, Mysuru. Ex. P. 31 are the photographs (12 in number) along with CD of the petitioner to show his condition after the accident.

(3.) P.W. 1 is the father of the appellant. According to him, the appellant was not able to identify any person and he was kept in ICU for few months; the appellant is not in a position to do any work and unable to recover from traumatic paraplegia; the appellant suffers 100% disability due to the injury and that the appellant is depending upon his family members and others.