M. K. SHAH, D. H. SHUKLA, J.

( 1 ) THESE two appeal arise out of the same incident viz. the accident which happened on 23rd July 1972 at about 9-30 p. m. on Highway No. 8 between Kaira and Nadiad near village Ratanpur. . . . . . . . .

( 2 ) WITH regard to the injuries from the evidence of two Doctors viz. Dr. P. R. Thakore Neuro Surgeon attached to the Civil Hospital Ahmedabad Ex. 36 (part) and Dr. M. T. Mehta Orthopedic Surgeon Civil Hospital Ahmedabad EX 36 (Part) it emerges that he was treated at the Civil Hospital from 24-7-1972 to 5-10-1972 that is for two months and 11 days He was unconscious when Dr. Thakore examined him on 24 and was bleeding from left nostril and had swelling on the left eye. Apart from putting him on antibiotics he was put on antiepileptic treatment till he was discharged and he was advised physio therapy and also to continue antiepileptic treatment. tn the opinion of the doctor because of the head injury there was possibility of increased liability to epilepsy. He had the weakness of left side of body (Hemiplegia) and though it had improved to some extent yet clumsiness of finger movements was likely to persist. He was unconscious for three days.

( 3 ) AS per the evidence of Dr. Mehta when he examined him on 24 he found that there was fracture of shaft of femur right side a head injury and there was probably colles fracture. He had a black discolouration of eye. As per the certificate issued by this witness which is at Ex. 37 the patient had injury with hemiplegia on left side colles fracture on right side and a fracture of shaft of femur on the right side. On the basis of these three ailments he assessed the permanent disability at 45%. He was operated and nailing of shaft of femur was done. He could not say whether there was any shortening of the log but he added that probably he had shortening by half an inch and the patient will have probably some difficulty in riding vehicles and difficulty in walking climbing a staircase and running.

( 4 ) AS Kharawala says after the accident he was taken to the Kaira Civil Hospital but as the injuries were very serious he was removed to the Civil Hospital at Ahmedabad where he was admitted in a special room. His right arm was put in plaster. His right leg was operated and nail was inserted therein and his injuries on the head were dressed. He was kept in the airconditioned room because of the head injury. Even after the discharge he was required to undergo exercise and electric shock treatment and he had to attend everyday the Physio Therapy department of the Civil Hospital upto 5-2-1974 He also took treatment in the private nursing home of Dr. K. G. Mehta for about three months and as he says his right leg has been shortened by half an inch and he gets pain in winter. He gets pain in walking and he cannot run. He has got prepared special shoes for his legs and because of the fracture to his right arm he gets pain. His left hand cannot hold anything therein. He cannot even button his shirt by his left hand and he cannot drive the scooter. He often gets head ache because of his head injury and he is unable to read and write because while reading he gets headache.

( 5 ) ON the basis of the nature and extent of the injuries the prolonged treatment as also the nature of the treatment the pain and suffering undergone by the claimant after the accident for quite a long time as also looking to the nature and extent of the permanent disability which the orthopaedic surgeon assesses at 45% in our opinion the amount of Rs. 10 0 awarded as compensation is inadequate and requires to be raised. One can imagine the pain and suffering this patient must have undergone with fracture of shaft femur on right side as also colles fracture and with hemiplegia. His mental condition also can be visualised from the fact that right from the beginning till he was discharged he was put under antiepileptic treatment and he was asked to continue that treatment even after discharge. He was

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