URMIL GULATI Vs. SHIV KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of RS.1,14,770/ - awarded to the Appellant for having suffered injuries in an accident which occurred on 18.09.1991.

(2.) THE Appellant suffered head injury a wound on her right eye, fracture shaft humerus with radial N. Palsy (R), subtrochanteric fracture (R) fever , fracture pubic ramie(R) side, fracture both bones (R) leg and multiple wounds. Immediately after the accident, the Appellant was removed to Dr. Ram Manohar Lohia (RML) Hospital for want of satisfactory treatment. She was shifted to Sir Ganga Ram Hospital where she was operated upon by Dr. K.L. Kalra. Various documents proved on record (Exs. PW2/1 to PW2/73) would show that she remained admitted in Government Hospital in Sunder Lal Jain Hospital and was last operated in Parmarth Mission Hospital by Dr. K.B. Raj on 09.10.1998. She remained admitted in Parmarth Mission Hospital from 08.10.1998 to 11.10.1988. It is, therefore, evident that the Appellant remained under treatment by and large for a period of seven years after the accident. A disability certificate was issued by Dr. R.M.L. Hospital on 19.01.1998 (Ex.PW7/1) showing her disability to be 25%, which is extracted hereunder: -

(3.) IT is urged by the learned counsel for the Appellant that no compensation has been awarded for the loss of income, the compensation awarded towards permanent disability/loss of earning capacity is on the lower side; compensation towards pain and suffering is on the lower side, no compensation has been awarded towards loss of amenities in life.