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1995 Supreme(MP) 333

D.M.DHARMADHIKARI, TEJ SHANKAR
Trilokchand Anand – Appellant
Versus
Om Prakash – Respondent


Advocates:
Sudesh Haswani for appellant; V.K. Sharma for respondent No. 3; O.P. Mathur for respondent Nos. 1 & 2.

JUDGMENT

This is an appeal by the claimant against the award dated 23rd November 1990 of the Motor Accident Claims Tribunal, Gwalior, whereby the quantum of compensation awarded is sought to be enhanced.

The facts briefly stated are - In a scooter accident which took place on 12.1.1987, the appellant suffered injury resulting in fracture of his tibia and fibula bones. This resulted in shortening of leg by 2 Cms. He took medical treatment for a period of five months. The learned Member of the Claims Tribunal awarded him a sum of Rs. 20,000/- towards the disability caused to him by shortening of leg. Separate sum of Rs. 5,000/- to meet special diet and medicines expenses was awarded. Under the head of general damages a sum of Rs. 2,000/- were awarded for pains and sufferings. In the matter aforesaid a total sum of Rs. 27,000/- was awarded by the Claims Tribunal.

Learned counsel appearing for the claimant in this appeal claims a sum of Rs. 1,00,000/- on the head of permanent disability and a sum of Rs. 10,000/- on the head of pain and sufferings. On the head of medical expenses a total claim made is Rs. 6,000/-apart from the above. On the head of 5 months' loss of salary a sum of Rs.



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