DEVINDER SINGH Vs. R S BHATIA

JUDGEMENT

(1.) Devinder Singh appellant has preferred this appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Patiala (for short, 'the Tribunal') vide its award dated 18.7.1991 for the injuries suffered by him in an accident caused due to rash and negligent driving by the driver of car No. PJB 289 while the appellant was going on his motor cycle No. RCI 5555.

(2.) Briefly stated, the facts of the case are that on 2.10.1988 at about 5.45 p.m., the appellant was going on his motor cycle No. RCI 5555 on Sirhind Road and a Maruti car No. 114 was proceeding ahead of the motor cycle. When the claimant reached near the workshop of Badhashah Toka, a car No. PJB 289, coming from the opposite side being driven by the respondent No. 1, rashly and negligently, struck against the Maruti car and the motor cycle, as a result of which the appellant fell down and received multiple injuries. He was removed to Rajendra Hospital where he remained admitted from 2.10.1988 to 12.10.1988 and was operated upon.

(3.) In support of his case, the appellant himself stepped into the witness-box as AW 2 and deposed that he remained admitted in Rajendra Hospital, Patiala from 2.10.1988 to 12.10.1988 and was operated upon on 8.10.1988. There was a fracture in his left thigh and right leg. A plate was inserted in his left leg. It was further deposed by him that he remained on crutches for about two years. The plate so inserted in the left leg had broken subsequently and he was to be operated upon once again on 31.1.1989. He deposed that he got the treatment from Sood Plastic Surgery Clinic, Patiala. The certificate in this regard was produced by the appellant before the Tribunal as Exh. AW 2/2. The certificate issued by the doctor was also produced as AW 2/5. Certain documents regarding the accident were also produced before the Tribunal. Besides this, AW 1 Dr. Gurdeep Singh, Senior Lecturer, Orthopaedic Department, Rajendra Hospital, Patiala had also stepped into the witness-box in support of the case of appellant and deposed that the appellant had fracture of the shaft of the left femur for which fixation of the plate was done. He also deposed about the injury on the right leg which was diagnosed as fracture of the fibula. Dr.Gurdeep Singh further stated on oath that the plate which was inserted for fixing of the bone could break in some eventuality. A certificate Exh. A- l, which bears the signatures of one Dr. Baldev Singh, Professor, Orthopaedic Department, Rajendra Hospital, Patiala and duly identified by Dr. Gurdeep Singh was also produced on record which shows that the appellant had suffered paramount disability to the extent of 15 per cent.