S GURMUKH SINGH Vs. GOPI RAM

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accident Claims Tribunal by which he awarded Rs. 33,000.00 as compensation to the appellant.

(2.) Facts of the case are not in dispute that appellant had suffered multiple fractures in the right leg and he remained a patient confined to the hospital for about three months and some treatment also continued till about the date of the filing of the petition. The accident had taken place on 13.2.76 at about 5.15 P.M. The appellant was going on his motor cycle No. HRC 3823 from his office to his house and when he reached near Naraina Over Bridge, a truck DLL 9230 driven by Gopi Ram in a rash and negligent manner had caused the accident. As these findings are not in dispute before me, so only question which has been argued before me is that the compensation awarded to the appellant is on a very low side.

(3.) It appears that the medical evidence produced before the Tribunal, particularly the Certificate issued by the doctor, Ex. Public Witness 3/1, dated April 3, 1979 shows that the appellant was operated for fracture shaft femur right with secondary infection and there was stiff knee following the accident. Manipulation of the knee was done on 31.7.76 under a general anaesthesia and after he was discharged on 7.8.76, he was again admitted on 31.9.77 for squestrectomy and removal of the nail from the right femur and ultimately, he was discharged on 10.10.77 and it was certified that the appellant is having stiff knee joint with a range of motion 0-30 degree and there is permanent physical impairment of the knee joint. The doctor, coming as Public Witness 3, had proved the Certificate and had in crossexam. stated that if the appellant undergoes certain physical exercises, as advised, his permanent physical impairment can be reduced by 5 to 10% from 35%.