YASHPAL GAUR Vs. MEENA SURI

JUDGEMENT

(1.) THIS is an appeal preferred by Yashpal Gaur under Section 173 of the Motor Vehicles Act, 1988. He met with an accident on 27.7.1987. He is not satisfied with the quantum of compensation allowed to him by the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal'). He is seeking enhancement.

(2.) THE facts are not in dispute. So far as the manner in which the accident took place is concerned, the findings recorded by the Tribunal have not been assailed before us. The only dispute is with regard to the quantum of compensation.

(3.) ON 28.7.1987, the claimant was admitted in Orthopaedic Ward of J.A. Hospital, Gwalior. He was operated on 3.8.1987. Patela of right knee was totally removed while that of left knee was removed in part. The fractured portion was put in plaster. The claimant remained in the hospital till 18.8.1987. The plaster was removed on 19.8.1987. After the removal of the plaster, the claimant was advised to take physiotherapy treatment and for this purpose he was admitted in Birla Institute of Medical Research, Gwalior. The claimant remained in this Institute initially from 4.10.1987 to 9.10.1987. He was again admitted in this Institute from 9.11.1987 to 28.11.1987. During all this period, that is from the date of accident till he was discharged from the Birla Institute of Medical Research, Gwalior, the claimant was on leave.