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2010 Supreme(Raj) 127

J.R.MIDHA
Balwant Singh – Appellant
Versus
Sohan Singh – Respondent


Advocates Appeared
V.P. Katiyar, for Appellant;
Sudhir Makkar and Ms. Meenakshi Singh, for Respondent No.2;
Mohan Babu Aggarwal & Harkesh Chand Aggarwal, for Respondent No.3

Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.45,727/- has been awar-ded to him. The appellant seeks enhancement of the award amount.

2. The accident dated 7th May, 2003 resulted in grievous injuries to the appellant. The appellant was driving his TSR No.DL-1RD-7971 while going from Safdarjung Hospital to Nizamuddin along with passengers when he was hit by a Honda City car bearing No.DL-6CG-8432. The appellant suffered fracture of shaft femur left side (middle 1/3rd) and was admitted at Khetrapal Hospital, Bali Nagar from 10th May, 2003 to 16th May, 2003 where an operation was performed on 15th May, 2003 and a rod was inserted in the left shaft. The disability of the appellant has been assessed to be 80% in respect of left lower limb. As per disability certificate, it is a case of “Non union femur(L) c implant in setu.”

3. The learned Tribunal has awarded a sum of Rs.25,000/- towards pain and suffering, Rs.10,000/- towards special diet, Rs.7,000/- towards conveyance, Rs.3,727/- towards treatment. The total compensation awarded is Rs.45,727/-.

4. The learned counsel for the appellant has urged the following grounds at the ti





































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