AYUB YUSUFBHAI KHARAWALA Vs. PRABHUDAS HIRALAL PRAJAPATI
LAWS(GJH)-1979-11-4
HIGH COURT OF GUJARAT
Decided on November 22,1979

AYUB YUSUFBHAI KHARAWALA Appellant
VERSUS
PRABHUDAS HIRALAL PRAJAPATI Respondents

JUDGEMENT

M.K.SHAH, D.H.SHUKLA - (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.;


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