SANDEEP MISHRA Vs. VIJAY KUMAR YADAV

JUDGEMENT

(1.) The Appeal is for enhancement of compensation of Rs. 1,00,230/- awarded in favour of the Appellant for having suffered injuries in a motor vehicle accident which occurred on 21.12.1998.

(2.) On 21.12.1998 at about 8:45 A.M. the Appellant was riding his two wheeler No.DL-3SK-0997. When he reached near Kalindi Kunj, Noida turning, truck No.HR-38-3836 being driven in a rash and negligent manner came from behind and hit the two wheeler.

(3.) The Appellant fell down and suffered grievous injuries. He was removed to AIIMS where he remained admitted from 21.12.1998 to 29.12.1998. The Appellant was working as an officer with M/s. Flex Industries Ltd. He had to take leave from 21.12.1998 to September, 1999. Leave for the period from March, 1999 to September, 1999 was without pay, whereas he was paid salary for the earlier period. Appellant remained as an outdoor patient in AIIMS and the Kailash Hospital & Research Centre, Noida. He was issued a disability certificate which shows that he (the Appellant) suffered fracture of both bones right leg, fracture right lateral malleolus, fracture right calcaneum, IMN right tibia with ankle stiffness. He was declared to be disabled to the extent of 26% in relation to his right lower limb. The Claims Tribunal as stated earlier awarded a total compensation of Rs. 1,00,230/- which is tabulated hereunder:- <FRM>JUDGEMENT_4020_ILRDLH22_2012_1.html</FRM>