SAMUNDER SINGH Vs. HARI SHANKAR

JUDGEMENT

(1.) THE appellant on 7th March, 2004 boarded the Indigo Car bearing no. DL -1YA -0431 from Palam as a passenger for proceeding towards Najafgarh. The driver of the car was driving at a very high speed and in a very rash and neglible manner. At about 6.40 pm, when the car reached at Hanuman Mandir on Chhawla Road, the driver lost control over it and caused accident. The appellant suffered grievous injuries and was immediately removed to RTRM hospital, Jafarpur Kalan in PCR Van where the MLC was prepared. The appellant remained hospitalised from 7th March, 2004 to 24th March, 2004.

(2.) IN the accident, the appellant suffered multiple injuries with fracture dislocation of left hip and fracture of left humerus upper one - fourth, Orif of left humerus left Acetabulum was done by using plates and screws under GA. The hip of the appellant was replaced with the artificial hip. He remained admitted in the hospital for about three to four months in two spans and underwent three operations. He had suffered the permanent disability of less than 40% in relation to left hip and left shoulder.

(3.) ON these aspects, the learned tribunal considered the evidences of record and found that the appellant was an electrician by profession. The tribunal has further held that according to the doctor, the patient was not able to perform his duties effectively as he was unable to climb and sit cross leg. The tribunal has granted the sum of Rs. 2,40,995/ - towards medicine and treatment, a sum of Rs. 2,50,103/ - towards loss of earning on account of disability, a sum of Rs. 2,00,000/ - towards future medical expenses inclusive of already paid charges towards hip replacement, Rs. 50,000/ - towards pain and sufferings, Rs. 25,000/ - towards special diets and conveyance, Rs 40,000/ - towards attendant charges and Rs. 25,000/ - towards loss of amenities and thus awarded total sum of Rs, 8,31,098/ - along with interest at the rate of 7.5% from the date of filing of the petition till its realisation.