GURDIPSINH S O BISENSINGH SADHU Vs. CHAUHAN BHUPENDRAKUMAR UDESING
HIGH COURT OF GUJARAT
GURDIPSINH, S/O.BISENSINGH SADHU
CHAUHAN BHUPENDRAKUMAR UDESING
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(1.) . This appeal is by the original claim ant in an M.A.C. Application No. 131 of 1973 wherein as against the claim of Rs. 1 0 0 preferred by him the Motor Accident Claims Tribunal at Baroda by its award dated 28th January 1974 awarded an amount of Rs. 26 660 only.
(2.) Mr. R. N. Oza the learned Advocate appearing for the appellant the Tribunal erred in taking the impact of the permanent disability as slight discomfort and in not awarding any compensation on the head of loss of earning capacity.
(3.) As per the evidence of Dr. Nagpal examined at Ex. 25 the claimant had (1) fractures of lateral condyle of the right tibia and upper end of the right fibula; (2) fractures of the shafts of the right tibia and fibula and (3) fracture of the nasal bone. He was operated on 30-6-1973. In all two surgical interventions had to be carried out. The doctor examined the patient lastly on 1-4-1974 when he found that knee flexion was possible up to 105 degrees only instead of normal flexion of 170 degrees. In the opinion of the doctor these are permanent disabilities and they are irreversible. The patient was required to go for another operation for removal of the plate which had been placed on 30-6-1973. He would not be able to bend the knee point fully and after 5 to 10 years he might need another operation and the pain in future would become unbearable and the knee joint will have to be stiffened and in that case though pain could be removed he will not be able to bend the knee at all. At the time when the doctor examined him the patient could walk without a limp and the only discomfort which he has experiencing was that while squatting and climbing he would feel pain. As per his opinion the chances of getting pain in future in the knee joint are more than 50%. The patients who have sustained such types of injuries almost invariably develop pain in the knee joint in future. Upto 25th March 1974 the patient was not complaining of pain but thereafter he started complaining about pain in the knee joint and because of that physio-therapy had to be stopped. No further improvement was registered. So far as sitting on chair is concerned the patient would not feel any discomfort as while sitting on a chair the knee joint is to be bent only upto 90 degrees. The doctor did not expect any further improvement in this case and ultimately the patient will have to undergo future a operation.;
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