R L BATHEJA Vs. PURAN

JUDGEMENT

(1.) SHRI R. L. Batheja, Executive Engineer, and Shri R. K. Kapur the Superintending Engineer, both sustained injuries when the car HYA 2378 they were travelling in was involved in an accident with a truck No. RRK 8647. This happened on January 16, 1980, at about 2. 15 p. m. near village Kairon on the crossing between the Behal-Lohani road and the Juhi-Tosham Road.

(2.) THE Tribunal held this to be a case of composite negligence with both the driver of the car as also that of the truck to be equally to blame. A sum of Rs. 10,000 was awarded as compensation to Shri R. L. Batheja and Rs. 15,000 to Shri R. K. Kapoor for the injuries suffered by them.

(3.) THE claim in appeal here is for enhanced compensation. Taking up the case of Shri R. L. Batheja, a reference to the material on record would show that he was, in the first instance, examined by P. W. 1 Dr. Rajinder Kumar at the Primary Health Centre, Kairon. He complained of pain in the lumbar region, in the abdomen and in the chest. After X-Ray, there was a fracture observed in the lumbar region and this injury was consequently declared grievous. Besides this, there were also multiple abrasions of variable sizes all over the forehead. The injured was thereafter taken to the General Hospital, Bhiwani, where he was treated by Dr. Subhah Khanna. It was the testimony of Dr. Khanna that Shri Batheja had a fracture of the 4th lumbar vertebra. He remained as an indoor patient in the hospital for about 15 days until he was discharged on January 29, 1980. While in hospital, he also had to be given a self-retaining catheter as he complained of not being able to pass urine. On account of the fracture in the lumbar region, he was advised to wear a steel jacket. Next to note is the testimony of P. W. 8, Dr. P. S. Maini, Professor and Head of the Department of Orthopaedics Surgery at the Medical College, Rohtak. According to Dr. Maini, the fracture of the 4th lumbar vertebra had healed when he examined Shri Batheja on June 5, 1980, but there was pain on bending and when lifting weights. In his opinion, this was a permanent disability to the extent of 15 per cent.