RAMESH SINGH Vs. SATBIR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.87,800/ - awarded to the Appellant for having suffered injuries in an accident which occurred on 20.01.1993.

(2.) IMMEDIATELY after the accident, the Appellant was removed to Santom Hospital where he underwent surgery under general anesthesia and his left leg was kept in POP. He suffered multiple fractures of lower fibula and fracture of upper and lower fibula -right knee. He remained admitted in the hospital for 14 days. He took about four months to recover from the injuries and suffered permanent disability in respect of his left lower limb because of stiff knee with a stiff left ankle and shortening of left leg by half an inch. The Claims Tribunal awarded the compensation, which is tabulated hereunder:

(3.) THE compensation of just Rs.5,000/ - was awarded under this head. As stated earlier, the Appellant suffered multiple fractures right of the ankle fibula and knee. It is difficult to measure the pain and suffering in terms of money which has been suffered by the claimant on account of serious injuries caused to him in a motor accident. Since the compensation is required to be paid for pain and suffering an attempt must be made to award compensation which may have some objective relation with the pain and suffering underwent by the victim of a motor accident. For this purpose, the Claims Tribunal and the Courts normally consider the nature of injury; the parts of the body where the injuries were sustained; surgeries (if any) underwent by the victim; confinement in the hospital and the duration of the treatment. Considering the period of hospitalization, recovery from the injury and the fact that the Appellant has suffered 40% disability in respect of his left lower limb and for the reasons stated earlier, the compensation of Rs.5,000/ - was wholly inadequate. THE same is increased to Rs.25,000/ -. LOSS OF AMENITIES IN LIFE AND DISABILITY: