MAHESH DUTT Vs. DHARAM DASS AND OTHERS

JUDGEMENT

(1.) The injured-claimant Mahesh Dutt who was 42 years old, has preferred the present appeal aggrieved by the quantum of compensation fixed by the Tribunal.

(2.) Bus bearing registration No. PB-11Y/7642 belonging to the Pepsu Road Transport Corporation, driven by its driver in a rash and negligent manner and without blowing horns, came behind the motor-cycle driven by the claimant-Mahesh Dutt, and hit the same and as a result of which Mahesh Dutt sustained multiple injuries all over his body including fracture of his right leg. He was admitted to C.H.C. Uchana and thereafter to Bal Dharamarth Hospital, Jind, for treatment. Later on, he was admitted to PGI Chandigarh where he remained as an in-patient, firstly from 2.8.2009 to 15.8.2009 and again from 27.8.2009 to 30.8.2009. He also took follow- up treatment for sufficiently long time. Major surgical operations were conducted and his right leg above the knee was amputated and as a result of which he had become permanently disabled.

(3.) On the side of the claimant, Dr. S.K.Verma, Medical Officer attached to General Hospital, Jind, was examined as PW-3. He deposed that the Medical Board assessed 85 per cent disability suffered by the injuredclaimant due to amputation of his right thigh 5 cms. above the knee. The disability certificate was produced as Exhibit P-1.