MOHD TAHIR Vs. CHARAN SINGH

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 2,43,434 has been awarded to the appellant. THE appellant seeks enhancement of the award amount.

(2.) THE accident dated 20.6.2004 resulted in grievous injuries to the appellant who was travelling on his two-wheeler scooter and was hit by the offending bus. THE appellant fell down on the road and his right hand was crushed under the rear left wheel of the offending bus. Appellant was removed to Sushruta Trauma Centre where he remained admitted from 20.6.2004 to 4.7.2004, during which period multiple operations were performed on his arm and palm and steel rod/plates were implanted in the right hand. Some infection developed on his right hand and, therefore, another operation was performed for removal of plate and affixation of forearm fixator. THE appellant continued the treatment and the fixator remained affixed on his right hand for about five months and, thereafter, his right hand was plastered. His treatment continued in Sushruta Trauma Centre where he was advised another operation and he was referred to the Lok Nayak Hospital. THE appellant was admitted in Lok Nayak Hospital from 22.3.2005 to 24.3.2005 but the surgery could not be performed and, thereafter, the appellant got admitted in Jeevan Hospital and Nursing Home where he remained admitted from 26.4.2005 to 28.4.2005 and underwent an operation for bone-grafting. THE appellant continued his treatment from that hospital for another seven months and, thereafter, underwent physiotherapy treatment.

(3.) THE learned Tribunal awarded a sum of Rs. 2,43,434 to the appellant. THE breakup of the amount awarded by the Tribunal is as under: (i) Loss of earnings during the period of treatment Rs. 20,230 (ii) Damages on account of permanent disability Rs. 20,000 (iii) Loss of proportionate future income for permanent disability Rs. 1,38,424 (iv) Expenses on medical treatment Rs. 39,780 (v) Future expenditure on account of special diet and conveyance Rs. 5,000 (vi) Loss of amenities of life Rs. 10,000 (vii) Pain and agony Rs. 10,000