SANJAY Vs. SURESH CHAND

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.2,04,140/- awarded in favour of the Appellant for having suffered injuries in a motor vehicle accident which occurred on 31.12.1992. The Motor Accident Claims Tribunal (the Claims Tribunal) held that the Respondent Insurance Company successfully proved the breach of the policy and thus exonerated it of its liability and made Respondents No.1 and 2, the driver and owner of the vehicle liable to pay the compensation.

(2.) IN the absence of any Cross-Appeal by the owner driver or the insurer, the finding on negligence has attained finality.

(3.) THE injuries on Appellant's person were very serious. On account of the injuries suffered in the accident, the Appellant suffered rupture of urethra and anal canal was torn. Initially, the Appellant remained admitted in Lok Nayak Jai Prakash Narain Hospital (LNJP Hospital) from 31.12.1992 to 23.01.1993. He underwent successive surgeries. On 06. 01.1993 external fixator for fracture of pelvis was done in the Hospital. At the time of the discharge on 23.01.1993, apart from taking antibiotic, the Appellant was advised to clean the wound with Hydrogen Peroxide and normal Saline and The Appellant's miseries were not over. X-ray Betadine. pelvis was done in February, 1993. He was advised daily dressing. Things did not improve. A perusal of the OPD Card dated 18.08.1994 shows that the Appellant was even referred to Psychotherapy for fear of impotence because of stricture urethra.