RAMVEER SINGH Vs. RAJESH KUMAR

JUDGEMENT

(1.) The Appellant Ramveer Singh who at the time of accident was working as a Head Constable in Delhi Police seeks enhancement of compensation of Rs. 5,07,554/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for having suffered grievous injuries in a motor vehicle accident which occurred on 06.12.2007. In the absence of any Appeal by the driver, owner or the Insurance Company, the finding on negligence reached by the Claims Tribunal has attained finality.

(2.) In the unfortunate accident, the Appellant suffered multiple fracture and crush injury on his left leg and on his abdomen. Immediately after the accident, the Appellant was removed to Max Balaji Hospital where wound debridement was done and external fixator was applied on 07.12.2007. Wound debridement of split skin grafting was done on 12.12.2007 by Dr. Biraj Nathani, a Plastic Surgeon. On 15.12.2007, exploratory laparotomy with primary repair of diaphragmatic hernia and anterior gastropexcy was done by Dr. Deepa Tayal, a General Surgeon. The Appellant was discharged from the Hospital on 22.12.2007. It was stated that because of the crush injury, the Appellant took longer time to join his duty. He took leave for 16 months from 16.12.2007 to 16.04.2009 and for one month from 14.12.2009 to 14.01.2010. Disability Certificate Ex. PW1/3 was proved which shows that the Appellant suffered permanent physical impairment to the extent of 43% in relation to his left lower limb. The Claims Tribunal awarded a compensation of Rs. 5,07,554/-, which is tabulated hereunder: <FRM>JUDGEMENT_4960_ILRDLH22_2012_1.html</FRM>

(3.) Following contentions are raised on behalf of the Appellant: