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2000 Supreme(P&H) 477

JAWAHAR LAL GUPTA
Tarloki Nath – Appellant
Versus
Kirtan Singh Alias Pritam Singh – Respondent


Judgment

Jawahar Lal Gupta, J.

1. The appellant complains that he had suffered multiple fractures. Had to get himself admitted in the Hospital on three occasions. Had undergone repeated surgeries. He is still suffering from 100% disability of the right arm. Despite that, he has been awarded a total compensation of Rs. 80,000/- only. He maintains that it is grossly inadequate. It is so ? A few facts may be noticed.

2. On December 4, 1985, the appellant was travelling by Car No. DHD-2551 from Delhi to Kaithal. When he reached near Panipat, truck No. JKR 4087 which was driven by respondent No. 2 hit the car. The occupants suffered injuries. The claimant was initially taken in an unconscious state to the Civil Hospital, Panipat. On December 5, 1985, he was shifted to the All India Institute of Medical Sciences, New Delhi. He had remained admitted in the Hospilal for different intervals of time on three occasions. He had suffered a permanent disability of the right arm. On these premises, the appellant had made a total claim of Rs. 2 lacs.

3. Respondent Nos. 1 and 2 viz. the owner and the driver of the vehicle had not put in appearance or filed any reply. The insurer had filed a written











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