PARVEEN KUMAR Vs. PRITAM SINGH AND OTHERS

JUDGEMENT

(1.) This is appeal by claimant Parveen Kumar, who was aged 14 years on 27.03.1991 when he met with an accident with truck bearing registration No.HRN -8898 (later referred to as 'the offending vehicle'), for enhancement of compensation awarded by Motor Accident Claims Tribunal, Sirsa (later referred to as 'the Tribunal') vide award dated 15.12.1992. Note: Record of the Tribunal and the appeal file got burnt in a fire incident in the concerned branch in January, 2011, as such, the appeal file was reconstructed and the counsel for the parties were requested to supply the copies of the pleadings and evidence available with them. This appeal is being decided on perusal of reconstructed appeal file and the copies of documents supplied by learned counsel for the parties.

(2.) The accident has been described in para 24 of the claim petition which reads as follows: -

(3.) The claimant has stated that after the accident, he was firstly taken to Civil Hospital, Ellnabad and then to Kolmet Hospital, New Delhi. He regained consciousness on 31.03.1991 and remained admitted in Kolmet Hospital from 28.03.1991 to 26.04.1991. He had undergone four operations. After his release from Kolmet Hospital, he was shifted to Goyal Cottage, Karol Bag, New Delhi from where he was being taken to Kolmet Hospital daily for dressing of his wounds. He was then taken to Jaipur for fixing of artificial limb. He stayed there for three days on his first visit and then for 20 days on his second visit. However, the artificial limb could not be fixed as the wounds had not yet healed. The doctor at Jaipur told father of the claimant that artificial limb would not be successful in this case as for this, his leg would have to be amputated above knee upto thigh. For amputation of leg upto thigh, the claimant had to spend Rs.1 lac in hospital like Kolmet Hospital, where he got treatment.