SHAMSHER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) CM No.20931-CII of 2013.

(2.) The claimant has filed the claim petition under Section 166 read with Section 140 of the Motor Vehicle Act, 1988 for grant of compensation on account of injuries sustained by him in the motor vehicle accident, which took place on 4.3.2010. The claimant received multiple injuries on various parts of his body including jaw, head, left hand and left leg. After operation, steel plate was fixed in the jaw of the claimant and he remained admitted in the hospital from 4.3.2010 to 09.3.2010 on account of fracture of his mandible right and other injuries on his person. Surgery of right mandible of claimant was conducted on 7.3.2012 and plate was implanted in right mandible. AW2 Dr. Balraj Singh has deposed that in order to remove the plate from right mandible, another surgery will be required. Perusing the nature of injury, the Tribunal has awarded total amount of Rs.34,000/- which includes Rs.15,000/- on account of pain and suffering, special diet, attendant charges and transportation charges etc. whereas Rs.18600/- were granted for medical bills.

(3.) Learned counsel for the appellant has argued that the claimant was a student of 6th class and on account of this injury, he had to remain bed ridden for long time. The claimant being a student has suffered a great loss. His career has ruined. The Tribunal has not awarded adequate compensation. No amount of compensation has been awarded for the surgery required to be undertaken by the claimant for the removal of plate from the right mandible, despite clear admission on the part of AW2 Dr. Balraj Singh. Even the compensation on account of pain and suffering and attendant charges has not adequately been awarded.