JASBIR KAUR Vs. HARBANS SINGH

JUDGEMENT

(1.) WHILE travelling in the Pepsu Road Transport Corporation Bus PUP 2956, the claimsant Jasbir Kaur and had her right arm cut off when the truck PUP 2016 coming from the opposite direction came and hit into it. This happened on May 19, 1977 at about 6 p.m. near the Panjabi University Patiala.

(2.) THE Tribunal returned a finding of negligence against the truck driver and awarded Rs. 53,000/ - as compensation to Jasbir Kaur.

(3.) A reference to the evidence on record would show that the claimsant was hospitalised for ever three months on account of her injuries. She was in the first instance treated at the Rajendra Hospital, Patiala, by PW 7 Dr. Baldev Singh, who later became Head of the Orthopaedics Department at the Medical College, Faridkot. He deposed that there was traumatic assumption of the right upper limb through the elbow region. The lower and of the right humerus had communited fracture with multiple loose pieces. The upper part of the olecranol was seen in the wound. The wound was then cleaned and the unhealthy muscles and part of the skin were excised. The loose pieces of bone were also removed and the humerus was cut just above the epicondyle, i.e. just above the elbow joint. It was further stated that the part of the arm below was missing and the other part at the end was crushed.