PRITPAL SINGH,J. - (1.) THIS appeal has been filed by Gursharan Singh Sandhu against the award of the Motor Accidents Claims Tribunal, Chandigarh, dated November 11, 1976, dismissing his application claiming compensation of Rs. 5,48,000/- from the respondents on account of sustaining injuries in an accident.
(2.) THE appellant was an Assistant Engineer, Class II, in the Punjab State Electricity Board, drowing Rs. 760/- per month as salary at the time of accident which took place on March 25, 1972 at about 8.30 a.m. in front of the entrance of the Bus Stand, Chandigarh. He was going on a motorcycle when a bus of the Haryana Roadways struck against him. He was immediately removed to the General Hospital, Sector 16 and, thereafter to the Post Graduate Institute of Medical Education and Research, Chandigarh. He was medically examined by Dr. B.P. Bansal, Assistant Professor, Orthopaedic Department of the P.G.I, at 8.30 a.m. and following injuries were found on his person : -- (1) Crushed injury of the right leg in its lower third with skinloss of 8" x 6" and there was a compound comminated fracture of both bones of the right leg. (2) Fracture of the lower third of the right femur. (3) Abrasions over the dorsum of the right hand. He was operated upon the same day by Dr. S.P. Kaushal. According to Dr. C. Bala Krishanan, Professor of Plastic Surgery, P.G.I., Chandigarh, it had been found that there was serious danger of the appellant losing his leg as some skin had been lost and there was infection in the bone. A note (Exhibit A. 1) prepared by this doctor portrays the condition of the appellant after the accident, and the history of treatment given to him. This note reveals that the appellant was in shock and was given urgen blood transfusion. After adequate resuscitation, an emergency operation was performed at 4.00 p.m. on the same day by Dr. S.P. Kaushal. He fixed the femur fracture by an intra medullary nail. The multiple fractures of tibia were held in position by another intra-medullary nail. The wound was cleaned and the skin was sutured over the tibial fracture. The appellant's condition became critical at 1.00 a.m. on March 26, 1972 but it improved after more blood transfusion. On March 27, 1973 his condition again become critical due to fat embolism. He went in deep coma for some hours and recovered gradually by April 1, 1972. By April 3, 1972 his leg wound was infected and he was running high-fever. The infection was gradually bought under control. On June 20, 1972 a skin grafting operation covered most of the leg wound leaving the necrotic bone still exposed. A plastic surgical plan was carefully thought out to provide full thickness skin cover for saving his right leg. Six major operations and three minor operations were done between July 1972 and June 1973. Dead bone was removed and skin cover was completed. He was discharged from the hospital on July 15, 1973 to resume his duties under sheltered conditions. Looking at his condition the Chairman of the Punjab State Electricity Board allowed him to join duty without doing any office work. He was again admitted in the hospital on November 19, 1973. The scar and sinus track were excised and the area skin was grafted on November 22, 1973. His radiological examination showed that a weak bridge of new bone had fromed across the gap in the tibia. He was ultimately discharged from the hospitals on December 20, 1973. His total stay in the hospital was 510 days. The note adds that he was still in need of large bone graft to make the right leg able to take full weight in normal walking which will have to be done by means of major operation. When he was discharged from the hospital he was able to walk only with the help of crutches and his right leg became short by one inch. Movements of his right knee were partly limited. The right leg was not stable to bear weight. Bone union was weak and there was slight residual infection at the sight of the bone. His disability was declared to be 40 per cent. The doctor opined that the appellant had been a brave patient and had survived three serious crisis on March 25, 1972, March 27, 1972 and in April 1972. The doctor added that with great fortitude the appellant went through series of major plastic operations to bring a large flap of skin from the abdomen and flank carried on the left wrist to replace the extensive skin loss and scarring on the right leg. The Haryana Roadways Bus was being driven by Jagdish Lal Driver, respondent No. 3. According to the appellant the accident took place due to the rash and negligent driving of the driver. He filed a claim petition to recover compensation of Rs. 5,48000/- from the respondents on September 4, 1973.
(3.) THE respondents contested the claim petition denying the rash and negligent driving of respondent No. 3. It was stated that the accident had occurred entirely due to the appellant's negligence. It was, therefore, said that the appellant is not entitled to receive any compensation from them. An objection was also taken that the claim petition was barred by time.;