GURBAX SINGH Vs. PARDIP SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of claim for compensation for injury suffered in a motor accident by an owner/driver of truck. THE disability certificate issued by a Medical Board showed that he had a fracture of the right femur, fracture of the lower end tibia with fracture of both bones of the leg, left side. THE certificate revealed that the fractures had united but it was also stated that the claimant was complaining of pain, stiffness and inability to squat cross-legged. THE injuries was said to have resulted in shortening of limb by an inch and the certificate states that the condition was not likely to improve.

(2.) IN assessing the compensation, the Tribunal has awarded Rs.28,000/- towards medical expenses, which were covered through bills, Rs.24,000/- towards pain and suffering for the three fractures, which have been set out above, Rs.5,000/- for attendant charges, Rs.3,000/- as special diet, Rs.10,000/- towards loss of income and Rs.60,000/- towards disability. I find that every one of the heads of claim has been perfectly assessed. As regards the disability, I cannot find that a fracture, which is united can cause a disability in any way impairing his driving skills nor is there evidence through a doctor to the effect that he cannot drive any longer. A disability to squat cannot result in an inability to drive or causing impairment to his earning skills. An assessment of Rs.60,000/- shall be taken to be a resultant loss for the inconvenience and the loss of amenities of life that he has suffered on account of the injuries.