HEM LATA Vs. SUBHASH CHAND AND ORS.

JUDGEMENT

(1.) All the appeals arise out the same accident and the issue in all the appeals relates to the quantum of compensation.

(2.) The appeal in FAO No. 224 of 1988 is for enhancement of claim for compensation for injuries suffered in a motor accident. The Tribunal had assessed a compensation of Rs. 14,000/- against a claim of Rs. 1,55,000/- for injuries suffered by her. The aspect of negligence is taken as established and the case is being examined only for ascertainment of the compensation as regards the adequacy.

(3.) The claimant had a fracture of the nose, dislocation of the jaw, fracture of both her legs, one at the knee and another at the thigh. PW3 was the Medical Officer at Jagadhri, who initially treated her, having examined her by x-ray and referred her for further management at PGI, Chandigarh. CW5-Dr. K.R. Babu, who was the Senior Resident, Plastic Surgery, PGI, had given evidence to the effect that she had leforte fracture of maxilla and she also had swelling on the right cheek and she was referred to the Orthopaedic Unit for examination of the fractures at the nose and her legs. CW9-Dr. V.V. Dixit has also spoken about the inconvenience suffered by the claimant for chewing hard objects. Overall, it could only be seen that the patient was going through enormous pain and suffering on account of injuries. CW6- Dr. D.P. Bhusan, who was Orthopaedic Resident at the PGI, had carried out x-ray and the claimant was diagnosed as a case of fracture of the shaft femur right and also had tenderness abnormal mobility and crepitus of right thigh with abrasions and contusion. The patient was said to have been treated with Thomas splint and she had been advised for repeat examination but she has not come back for treatment. At the time when the doctor was examined in Court, he said that he could not make a complete appraisal of the disability but he still noticed that the patient had suffered about 1 to 2 inches of shortening and there was pain and tenderness at the sites of fractures. He also stated that the patient was carrying a limp and that it might not improve. CW8-Dr. Surinder Sharma was Orthopaedic Surgeon at Saharanpur and through him certain bills were produced and proved to the effect that she had shortening of the limp by three quarter of an inch and she still had pain in the right knee because of traumatic artrius. He stated that she remained in treatment for 3 to 4 months and also stated that he had charged about Rs. 2000/- for medical expenses.