BALBIR SINGH Vs. SUNITA

JUDGEMENT

(1.) ON 12. 7. 2006, the matter was taken up for hearing. No one appeared for the appellants and the matter was adjourned to 19. 7. 2006. On this date again no one appeared and the case was adjourned to 26. 7. 2006. No one put in appearance on 26. 7. 2006 as well and the case was again adjourned to 2. 8. 2006, in the interest of justice. Thereafter, the case was taken up on 20. 9. 2006. The case was called over thrice during the course of day but no one was present even today. Accordingly, the appeal is dismissed in default. Cross-objection No. 28-CII of 1989: these cross-objections have been preferred by the claimant in F. A. O. No. 840 of 1988 claiming enhanced compensation on account of the injuries sustained by her in an accident which took place on 31. 3. 1987. The Tribunal awarded a sum of Rs. 65,000 in total, i. e. , Rs. 30,000 on account of pain and suffering, Rs. 10,000 on account of medical treatment and other expenses, Rs. 20,000 for decreased marriage prospects and Rs. 5,000 for the loss of studies.

(2.) IT has come in evidence that the claimant's left leg and foot were crushed. She also had injuries on her left hand and elbow. There were multiple fractures on the foot and the leg bone. She had doubtful blood supply of the leg and the foot. As a result of this injury, amputation of the leg below the knee had been advised but the claimant had opted for conservative treatment. After the treatment and at the time of discharge the claimant had fracture of leg bone with gap in the bones and a deformed foot. As per the opinion of the doctor, even with the further treatment the leg would be functionally not better than an artificial lower limb. The permanent disability was assessed to be 40 per cent. It was also opined by the doctor that she would require special operation and would experience pain throughout her life.

(3.) THE claimant was 18 years old at the time of the accident and as a result of the permanent disability, the marriage prospects and also her enjoyment in future life would have been affected adversely.