RAMANLAL RANCHHODDAS SHAH Vs. ASTHI GUSTADJI RUSTOMJI

JUDGEMENT

(1.) The appellant received injuries showing fracture dislocation cervical 6th and 7th with complete quadraplegia with complete motor and sensory loss below the injured segment. He had multiple abrasions over chest and shoulder. Due to injuries to the spinal cord there was paralysis below the injured level. There was paralysis of both the upper limbs and both the lower limbs including paralysis of the front and back abdominal muscle below the injured segment and his nervous system of the spinal cord was also affected following the injuries. He was immediately removed to the L. G. Hospital at Maninagar but was shifted within a few hours to the V. S. Hospital. There he was treated upto 25th March 1973 and thereafter he had to go to the hospital for physiotherapy treatment and consultation with the Orthopaedic surgeon

(2.) Originally he had claimed a sum of Rs. 1 75 0 but the same was reduced by an amendment to Rs. 1 25 0 There was contest from the side of the respondent No. 1who denied that the accident happened because of a rash and negligent act of driving on the part of respondent No. 1 driver; and the quantum as well as the basis of compensation claim were also challenged. ... ... ... .. . . .. ...

(3.) The appellant who was original applicant before the Tribunal has approached this Court in appeal being aggrieved by the said award for Rs. 27 500 only as against the claim of Rs. 1 25 0 and he prays that the additional amount of Rs. 97 750 be awarded to him. ... ... ... ... ... ...