JUDGEMENT
A.K.SIKRI,J. -
(1.) Leave granted.
(2.) The appellant herein, who is a practicing advocate, had suffered in nasty accident at the young age of 18 years. He was a student at that time studying in Modern School, Delhi. It was 26th May, 1988. He was travelling along with his mother from Delhi to Mussoorie to celebrate his 18th birthday falling on 27th May, 1988. On Delhi-Dehradun highway the accident took place in which his entire left leg was crushed. He was rushed to the hospital and his hospitalization continued for over two months. He had to undergo surgery for which he was operated on 31st May, 1988. Though, the appellant was discharged from the hospital after two months, his treatment continued for over 6 years, during which period he had to undergo further operations. In all, three surgeries were performed. First, for putting plates and screws, another for removal of plates and screws wherein doctor discovered that he could not remove the plates and screws of femur bone. The result is that even today the said screws and plates in the femur bone remain planted. This exposes him to the risk of another fracture anytime. The third operation was for removal of a lump in the right leg which had developed after the accident and had grown over the years.
(3.) As per the appellant, the net result of the aforesaid accident of such severity is that he is suffering permanent disability (pain and difficulty in locomotion) even today. This disability is certified by the District Government Hospital, Muzaffarnagar at 40%, as per the disability certificate dated 10th December, 2005 (Exh. PW-4/103).;
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