- (1.) Special leave granted.
(2.) The appellant, a medical practitioner aged about 36 years, and his mother met with an accident on 10-11-1987. He sustained injuries, four in number, as follows: "1.Head injury with fracture of right zygoma, which has been treated by an operative elevation. 2. Injury to the L. S. Spine requiring bed rest with analgesics. 3. Injury to the (right) knee requiring rest. 4. Injury, compound right forearm with CLW 8" x 2" over the extensor aspects treated by primary debridement and suturing of 7 extensor tendons. "
(3.) The evidence shows that his right hand was crushed and was dangling with blood oozing out. PW 3 Dr Mohan Iyer, who examined him, deposed that there was considerable loss of blood and an emergency operation of the right forearm had to be performed since 10 tendons were cut and were severely damaged with loss of substance. The hand had to be repaired and after operation he required intensive physiotherapy treatment. On further examination on 30-12-1990 it was noticed that his right hand had been rendered functionally disabled and the disablement was of a permanent nature. The movements of the fingers of the right hand were restricted and he, opined the doctor, would have to put up with this disability for the rest of his life. The doctor was, however, unable to assess the percentage of disability sustained by the appellant. Being a medical practitioner it is obvious that the permanent disability suffered by him will affect his professional career because patients will be hesitant to receive treatment from him having regard to his disability. In view of this situation, there can be no doubt that his earning capacity has been greatly impaired.;