LAWS(DLH)-2009-11-382

HIMANSHU Vs. KARAMJIT SINGH

Decided On November 19, 2009
HIMANSHU Appellant
V/S
KARAMJIT SINGH Respondents

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 2,75,000/ - has been awarded to the appellant. The appellant seeks enhancement of the award amount.

(2.) THE accident dated 18th August, 1983 resulted in compound fracture of shaft femur left leg, compound fracture both bones left leg, compound fracture of ulna right with moregic shock. The appellant's left leg had to be amputated below the knee level. The appellant was admitted in the hospital on the date of the accident. He remained hospitalized from 18th August, 1983 to 28th October, 1983, 19th December, 1983 to 26th December, 1983 and again from 3rd July, 1984 to 2nd August, 1984 as per the medical record - Ex.PW1/1, Ex.PW1/2 and Ex.PW2/3. The appellant has become permanently disabled to the tune of 60%. The disability certificate - Ex.PW1/A and Ex.PW2/4 describes the disability of the appellant to be post -traumatic surgical amputation of left lower extremity at below knee level.

(3.) THE learned Tribunal has awarded a sum of Rs. 75,000/ - towards medical expenses, artificial limbs already replaced and to be replaced in future and special diet and conveyance and Rs. 2,00,000/ - towards non -pecuniary damages. The total compensation awarded is Rs. 2,75,000/ -.