FAIZAL Vs. BALWAN SINGH

JUDGEMENT

(1.) The Appeal is for enhancement of compensation of Rs. 7,30,460/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Appellant for having suffered injuries in a motor vehicle accident which occurred on 05.01.2001.

(2.) In the absence of any Appeal by the driver, owner and the Delhi Transport Corporation, the finding on negligence has attained finality.

(3.) The Appellant suffered crush injury on his left foot and ankle and fracture of right femur and tibia. He was hospitalized in All India Institute of Medical Sciences (AIIMS) (from 05.01.2001 to 02.03.2001 and then from 22.03.2002 to 24.04.2002). On 26.01.2001, external fixator was applied. It was removed on 15.02.2001 and POP Cast was done. Second grafting on the wounds was done during the first stint of hospitalization. At the time of second operation, plates were fixed to give support to the bones. The Appellant remained an outdoor patient for a period of three years. The Appellant was issued a disability certificate Ex.PW3/B by AIIMS declaring him to have suffered 75% permanent physical impairment in relation to his right lower limb, a post traumatic deformity of right lower limb with restricted hip, knee, ankle joint movements and pseudoarthrosis of thigh. The Claims Tribunal awarded a compensation of Rs. 7,30,000/- which is detailed hereunder in a tabulated form: <FRM>JUDGEMENT_3688_ILRDLH22_2012_1.html</FRM>