AJMER SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimant Ajmer Singh, Principal of the Government Higher Secondary School, Kalyan in district Patiala sustained injuries when the scooter he was travelling on was involved in an accident with the truck HPA 1461 (present No. PJP 5975), coming from the opposite direction. This happened on the Patiala-Nabha Road at about 2. 15 p. m. on February 17, 1982. It was the finding of the Tribunal that the accident was caused entirely due to the rash and negligent driving of the truck driver. A sum of Rs. 25,000/was awarded as compensation to the claimant.

(2.) A reference to the evidence on record would show that the injuries suffered by the claimant were, in the main, fracture of both bones of the right leg. Immediately after the occurrence, the claimant was taken to Rajindra Hospital, Patiala, where his leg was put under plaster. Later, however, when the claimant came to his brother in Chandigarh he started feeling pain in his leg as a result of which he was admitted to the Post Graduate Medical Institute on March 15, 1982, where he was operated upon. During the operation, upon reduction of the fracture, plate fixation was done as deposed to by AW 5, Dr. Vinod Singla, Senior Resident in the Department of Orthopaedics at the Post Graduate Medical Institute, Chandigarh. He further stated that the claimant remained admitted in the hospital for two months.

(3.) AS regards the nature and extent of the injury suffered by the claimant, AW 5 Dr. Vinod Singla deposed that the claimant had suffered a permanent disability in the form of stiffness of the knee and ankle joints and as a result thereof he cannot drive a scooter nor can he walk alone or run. It was also said that he cannot stand on his feet for a long time. Besides this, he would also feel difficulty in going up and down the stairs.