BHAGCHAND Vs. KISHANLAL

JUDGEMENT

(1.) BY this common order, two appeals are disposed of as both appeals relate to the common accident which took place on 19. 6. 1979. Two persons were injured in the accident and two separate claim cases were registered. Appellant Bhagchand has preferred Misc. Appeal No. 38 of 1983; he had instituted C. C. No. 4 of 1980, claiming damages for injuries which he suffered.

(2.) I propose to deal first with the case of appellant Bhagchand who is aggrieved as the award in the sum of Rs. 7,750/-, according to Mr. Haswani, is on too low a side. Counsel has taken me through the evidence of Dr. V. R. Shinde whose evidence was recorded in Claim Case No. 4 of 1980 while Bhagchand himself also gave evidence and that was recorded in Claim Case No. 3 of 1980. The doctor has deposed that on 19. 7. 1979, he was attached to District Hospital, Datia as Assistant Surgeon and on that date, at about 6. 55 a. m. , Bhagchand came to him in an injured condition. He found several injuries on his person and those, in his opinion, were grievous. On the left leg, he noticed the tibia bone being exposed and the muscles damaged. The wound was fresh and he found blood-clotting. He also found dislocation of the left ankle and referred the patient to Superintendent, J. A. Hospital, Gwalior for X-ray and treatment.

(3.) BHAGCHAND's own evidence is that at the Gwalior hospital, X-ray was taken and his leg was plastered and he remained in that condition for six months with the plaster. For ten months, he could not do any work. He was a Diesel Mechanic and on an average, he used to earn Rs. 600/to Rs. 700/- per month. He spent Rs. 1,000/- for his food and treatment at Gwalior, daily expenses were Rs. 10/-to Rs. 15/ -. He used to go for consultation also to Jhansi hospital and there he spent about Rs. 1,000/ -. The consultation was necessary because he continued to suffer pain.