SURAJ VERMA Vs. SANGEETA CHHABRA

JUDGEMENT

(1.) THE Appellant impugns a judgment dated 04.09.2001 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.29,39,000.00 was awarded in favour of Suraj Prakash Verma for having suffered injuries in an accident which occurred on 09.09.1996.

(2.) ON 09.09.1996 at about 7:00 A.M., the Appellant was standing outside his house No.A-37, Chander Nagar, Janakpuri. Respondent No.3 Ved Ram while driving tempo No.HR-47-4342 in a rash and negligent manner hit an electric pole as a result of which the pole broke down and fell on the Appellant?s head. He suffered head injury, partial avulsion and compound fracture of both bones of his right leg. He lost consciousness. The Appellant was immediately removed to Madan Nursing Home. After giving him first aid, he was taken to Sir Ganga Ram Hospital. For want FAO 64/2002 Page 2 of 14 of room, the Appellant was taken to Kolmet Hospital. After conducting MRI scan, the Appellant was referred to Apollo Hospital for further treatment and management. The Appellant underwent three successive surgeries in the Apollo Hospital including one for a head injury. On account of the head injury, there was scalp laceration and partial avulsion, post traumatic complete dislocation and cord transection of C6 over C7. As per the disability certificate Ex.PW-1/1 issued by the Medical Board, Safdarjung Hospital the Appellant was opined to be a case of post traumatic quadriplegia C6-7 (operated) without recovery with bladder and bowel involvement. He was declared to be 100% disabled with respect to the whole body.

(3.) THE Appellant claimed a compensation of Rs.66,60,000.00. The Claims Tribunal went into the details of the expenditure stated to have been incurred and the loss suffered by the Appellant and awarded a compensation of Rs.29,39,000.00, which is tabulated hereunder:- <FRM>JUDGEMENT_134_DRJ132_2012HTML1.htm</FRM>