LAWS(ALL)-2015-4-299

SANJAY TYAGI Vs. VINOD KUMAR SHARMA AND ORS.

Decided On April 24, 2015
SANJAY TYAGI Appellant
V/S
Vinod Kumar Sharma And Ors. Respondents

JUDGEMENT

(1.) Heard Shri Deepak Kumar Jaiswal, learned counsel for the appellant.

(2.) This is an appeal filed by the claimant-appellant for enhancement of the amount awarded by the Motor Accident Claims Tribunal vide judgment and award dated 05.10.2010.

(3.) Brief facts are that on 29.01.2005, at about 10 p.m., when the claimant was going on scooter no. 4746 with one Chandrakant Sharma as pillion rider, he was dashed by a Tata 709 No. UP14 W 9957 going from Delhi to Saharanpur, which resulted in severe injuries and his thigh and pelvic bones were fractured. The claimant was admitted in Bohra nursing home from 29.01.2015 to 13.02.2015, where he was operated upon and steel rod was implanted in his leg. He was again admitted in Guru Tegbahadur hospital, where he was re-operated on 21.07.2005. His liver and kidney also got damaged in the accident and he was again admitted and underwent dialysis 10 times. On 18.11.2005, he was again admitted in the Guru Tegbahadur hospital and operated and he was advised to take rest. Hence, he was confined to bed from 29.01.2005 to 29.09.2006. He had to spent Rs.2 lacs on treatment, Rs.50,000/- towards travelling for treatment and special diet. It was also pleaded that he suffered 25% disability and because to the accident, he could not appear in the examination held for promotion to the post of Sub Inspector and he has been deprived from promotion in future.