MOHINDER PAL Vs. SARABJIT SINGH

JUDGEMENT

(1.) The claim in appeal here is for enhanced compensation. The claimant Mohinder Pal was travelling in the Haryana Roadways bus BY A-3748 when it was involved in an accident with the truck PBP-5817 coming nom the opposite direction. This happened at about 10.30 A.M. on September 28, 1980. On account of the injuries received by Mohinder Pal in this accident, his right arm had to be amputated from the shoulder. The Tribunal after holding the truck driver wholly to blame for this accident awarded a sum of Rs. 40,000/- as compensation to Mohinder Pal.

(2.) According to the claimant P.W. 1 Mohinder Pal he was 35 years of age at the time of the accident. After the accident he remained admitted in the Post Graduate Medical Institute, Chandigarh for a period of 23 days and it was there that his right arm had to be amputated. Next to note, with regard to the injuries suffered by the claimant is the testimony of P.W. 4 Dr. R.K. Jam, Medical Officer, Civil Hospital, Yamuna Nagar who initially examined Mohinder Pal and referred him to the Post Graduate Medical Institute, Chandigarh for treatment He noted four injuries on the right fore arm of the claimant, two of which were grievous in nature.

(3.) The main medical evidence is that of P.W.5 Dr. Shivinder Singh Gill, Lecturer in the Department of Orthopaedics at the Post Graduate Medical Institute, Chandigrah who deposed that Mohinder Pal was admitted in the hospital on September 28, 1980 having crushed injury of the right arm. The right upper part of the arm and the axile bone were badly crushed. Articulation through the right shoulder was done the same night and he was again operated upon for skin grafting on October 16, 1980. Mohinder Pal was discharged on October 21, 1980.