ROHIT Vs. SWARNA KAUR

JUDGEMENT

(1.) Appellant-claimant has filed the present appeal against the award dated 2.8.2000, passed in Claim Case No. 157 of 1999. Claimant-appellant has submitted before the Tribunal in his application that he has sustained injuries in an accident occurred on 14.5.1996, when he was coming to Ujjain from Indore in his car and it was dashed by a truck No. MP 09-KA 3862 near the village Baroli driven rashly and negligently by the driver.

(2.) He further submitted that he received injuries on his head and urethra. Dr. N.H. Sarda was examined before the Tribunal as witness No. 1. He deposed that there were strictures in urethra of the appellant (Rohit) and it causes repeated infection. His urine tube was congested due to the injuries in urethra. There was 54 per cent permanent disability and the other doctor Vasant Vale who was a Neurosurgeon also examined as witness No. 8. He deposed that Rohit was admitted in his hospital in an unconscious condition. In C.T. scan there was swelling in his brain and he became conscious on 24.5.1996. He was shifted from Choithram Hospital. Dr. Chandrashekhar Thathe has also been examined as a witness No. 9 who was a Surgeon, working in Choithram Hospital. He deposed that urine tube of Rohit was shortened and catheter was inserted for urination and process of catheterisation is necessary for a long time and if the above process has not been done his kidney may be damaged.

(3.) From the evidence of all the doctors it is clear that Rohit suffered permanent injury in the urethra, his urine tube was shortened and he needs continuous catheterisation for discharge of urine. The Tribunal also held that there was 54 per cent permanent disability to Rohit on account of aforesaid injury, awarded only Rs. 20,000 as a compensation for pain and suffering.