SANTOSH Vs. ICICI LOMBARD GENRAL INSURACE CO LTD

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. 4,18,509/- has been awarded to the appellant. The appellant is seeking enhancement of the compensation amount.

(2.) On 23rd October, 2015 at about 09:30 PM, the appellant was returning to his home from work on his motorcycle and he was hit by a car bearing No.DL- 5CJ-0004 near Power House, T-Point, W Block, Okhla Industrial Area, New Delhi which resulted in grievous injuries to the appellant.

(3.) The appellant suffered crush injury to his right leg with fracture of both bones of right foreleg and fracture in femur bone. The appellant was taken to AIIMS Trauma Centre on 23 rd October, 2015 where he underwent surgery for debridement, fasciotomy, external fixation of femur and tibia. The appellant was discharged on 13th November, 2015. The appellant was again hospitalized in AIIMS Trauma Centre from 25th January, 2016 to 08th February, 2016 where he underwent second surgery for ORIF with 10 holes LCP with BG on 31stJanuary, 2016. The appellant was again hospitalized on 23rd February, 2016 and underwent third surgery for split skin grafting under local anesthesia. The appellant was hospitalized for the fourth time from 10th June, 2016 to 17th June, 2016 and was diagnosed with right tibia fracture, delayed union with plate in situ and infection. He underwent fourth surgery for implant removal and debridement of right leg on 11th June, 2016. The appellant was hospitalized for the fifth time on 07th September, 2016 with the complaint of high grade fever from three days and swelling in right lower limb from three days and was diagnosed with cellulitis right lower limb.