SANTOKH SINGH Vs. AJAY DIWAN

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimant Santokh Singh sustained serious injuries when while driving his motor-cycle he was involved in an accident with the car PUL-9812. This happened on November 1, 1977 at about 9 p.m. on the Ludhiana-Phagwara Road. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the car-driver. A sum of Rs. 38,500/- was awarded as compensation to Santokh Singh for the injuries suffered by him.

(2.) A reference to the evidence on record would show that the injuries suffered by the claimant Santokh Singh, in this accident, were indeed serious and they have had disastrous effects upon him. A.W. 1 Dr. T.N. Shadkangi Assistant Professor in the Department of Neuro-surgery at the Christian Medical College and Hospital, Ludhiana, deposed that at the time of the admission of Santokh Singh in the hospital on November 2, 1977, he was semi-conscious and had high fever up to 104/105 degree. Emergency Tracheostomy as also multiple burrhollic Exploration was done. The brain was oedematous and the C.S.F. was under tension. The diagonisis disclosed that it was a closed head injury with cerebral contusion and mid-brain injury. This injury was declared to be dangerous to life.

(3.) SANTOKH Singh was next examined by Dr. Shadkangi on January 16, 1979 when he found that his condition was improving, but he could not say even then whether he could recover completely. The physical incapacity of Santokh Singh was put as 10 to 20 per cent and his menial deficiency at 50 per cent. The doctor also proved the certificates Exhibit A/1 and A/2 of January 9, 1978 and January 25, 1978 issued in respect of the claimant by Dr. S. Ramanathan. These certificates being in terms of the testimony of Dr. Shadkangi.