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2011 Supreme(P&H) 502

K.KANNAN
Parsanni – Appellant
Versus
Sube Singh – Respondent


Advocates:
For the Appellant:Mr. Ashit Malik, Advocate.
For the Respondent No.1:Mr. Harinder Singh, Advocate.
For the Respondent No2: None.

JUDGMENT

Mr. K.Kannan, J. (Oral).- The appeal is for enhancement of compensation where the claimant was 60 years of age, suffered fracture of the shaft of femur that resulted in shortening of her limb and she carried a limp in her gait. In her hospital record, her age was shown to be 70 years. She had been hospitalized soon after the accident on 30.04.1991 and she had been discharged from the hospital on 14.06.1991. While assessing the compensation, the Tribunal took note of the fact that she had been assessed as having 30% disability and a compensation of Rs.10,000/- had been awarded as a lumpsum payment. The Tribunal had discarded the medical bills which had been in Court and assigned mark-1 to mark -9 on the ground that they had not been proved.

2. A lumpsum ascertainment without addressing each of the heads of claim is a very unsatisfactory mode of disposal. The patient had a fracture of the neck of femur resulting in hospitalization and it must have been caused enormous pain and difficulty in walking. She was an old person and the problem of immobility must have meant a greater amount of discomfort. I have looked into the records and find the expenses for medical treatment had

























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