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2012 Supreme(Del) 400

J.R.MIDHA
IMRAN KHAN – Appellant
Versus
MOHAN BHOYAN – Respondent


Advocates:
Advocate Appeared:
Mr. I.A. Rahmani, Adv.
None.

JUDGMENT

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.2,20,300/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.

2. The accident dated 2nd September, 2000 resulted in grievous injuries to the appellant. The appellant was aged 16 years at the time of accident. The appellant was admitted in Lok Nayak Jai Prakash Hospital on 2nd September, 2000. The appellant was discharged on 6th September, 2000 and he continued the treatment in the OPD for about four years. The appellant is disabled to the extent of about 40% in respect of the right ankle as per the disability certificate - Ex.PW3/2. The All India Institute of Medical Sciences examined the appellant and issued a certificate, Ex.PW3/1 that the IQ was within the range of 45% to 50% and had moderate mental retardation. PW-4, Professor Manju Mehta appeared in the witness box and deposed that the intelligence of the appellant was assessed and the disability was found to be 45% to 50% and there were no chances of any improvement in the future. She further deposed that the appellant had developed moderate mental retardation after the accident due to the h
























































































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