- (1.) Both the appeals arise out the same accident and they are for enhancement of claim for compensation for injuries sustained in the accident. The appeal in FAO No. 190 of 1995 is for enhancement of compensation for injuries suffered by a person, who was a Senior Executive Engineer with the Punjab Electricity Board, aged 48 years, and drawing a salary of Rs. 9,575/-. The Appellant in the connected appeal in FAO No. 194 of 1995 is for enhancement of claim for compensation by a girl, who was 15 years of age, who incidentally was the daughter of the claimant in FAO No. 190 of 1995. While assessing the compensation, the Tribunal awarded Rs. 2,50,000/- on a lumpsum basis without adverting to the several heads of claim and for the daughter, the Tribunal had awarded Rs. 75,000/-.
(2.) The injuries suffered by the father in the accident were grievous and literally had resulted in fractures of every limb from crown to toe. The injuries as noted are reproduced as under: 1. Fracture on right elbow on right arm. 2. Two bones fractures of left leg. 3. Fracture of right ankle. 4. Displacement of right hip joint. 5. Fracture on bone in right hip joint. 6. Fracture of left 4th rib. 7. Fracture of nosal bone. 8. Fracture of jaw. 9. Fracture of two front teeth. 10. Loss of eye-sight of right eye.
(3.) It would seem that he had fallen flat on the ground and the weight of the vehicle must have fallen over him. The extensive fractures and the loss of teeth had very serious impact on his health. At the initial stage of his treatment, he was critical having suffered some effusion in his lungs with serious infection through the crush injuries suffered in his chest. He had lost vision in one eye completely and he had suffered a shortening of the limb of about 2 1/2 inches. The Neurosurgeon, Orthopaedition and Eyesurgeon, besides the doctor, who had initiaily admitted him, were all examined in this case to speak about the nature of injuries and the extent of disability suffered by the claimant. The Tribunal has recorded as under: AW3 Mr. Dinesh Kumar has proved the disability certificate of Mr. Singla. Ex.A3 is relevant and most important document in this regard. According to Ex.A3, patient has evascular neurosis right femoral head (secondary to dislocation). Shortening left leg (previously recorded 1" due to fracture of the left leg). Now the shortening of left leg appears decreased as some shortening has developed on right side also due to collapse of femoral head. Foot drop on right side. Partial limitation on movement of right elbow. He has a disability of 70% which is permanent. He is suffering from post traumatic optic atrophy right eye. The disability is permanent. The disability is 30% (thirty percent). AW4 Shri Gurmit Singh, Senior Assistant office of P.S.E.B. proved the salary statement of Dhian Chand Singla and according to this witness, the basic salary of this injured was Rs. 5,750/- and his total emoluments are Rs. 9,575/-. His date of birth is 24.5.1943 and he remained on leave from 13.10.91 to 31.3.92. AW6 D.C. Bansal also stated that he was called in order to examine eye problem of Mr. Singla. He also examined the claimant clinically on 19.8.93 at the time of giving his statement. This doctor has certified that the eye sight of Mr. Dhian Chand Singla from his right eye has been totally and permanently lost. The injury to the eye of Mr. Dhian Chand Singla claimant could be caused in a vehicular accident. On 2.5.93, when this patient was referred to him, he reported that Mr. Singla was suffering from post-traumatic optic atrophy of right eye. The disability was permanent and was 30%. He proved report Ex.A2/2. Dr. R.K. Kaushal AW7 had brought the bed head ticket of Reema Singla Ex.A.24 and according to this doctor, this injured had the evidence of head injury. The movements of her right side of the body were less. Her right eye became black and she has laceration on her right leg measuring 60cm x 1cm. She had acchymosis over right upper limb. C.T. Scan of the head was done and it showed bleeding on the left side of the brain. RW8 Dr. Rajiv Aggarwal also examined Dhian Chand Singla. On the day of examination, according to this doctor, the patient had evascular necrosis of right femoral head, secondary to dislocation of the heap joint and he had the shortening of left leg which was previously recorded as 1" due to the fracture. At the time of examination, it developed some shortening of the right side also due to the collapse of femoral. This leads to the decrease of the shortening of the left leg. He had foot drops on the right side and partial limitation of movements of the right elbow, and his disability was permanent and was assessed at 70%. The patient was examined on 28.05.1993. This witness has also proved his endorsement Ex.A.2/1. The doctor further stated that disability of patient was likely to worsen with the lapse of time as cause of disability was collapse of femoral head which would lead to osteo-arthritis.;