1. Heard Sri Prashant Mishra, learned counsel for the appellant and Sri K.S. Chaudhary, learned counsel for the respondent no.1
2. This appeal has been filed by the claimant being aggrieved of award dated 07.12.2005 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Kanpur Nagar on the ground that in a case of injury, where claimant had sustained fractures in both the legs and left hand, inadequate compensation has been awarded.
3. Learned counsel for the appellant submits that as per disability certificate dated 13.03.2002 issued by the Medical Board in the Office of Chief Medical Officer, Kanpur Nagar, claimants suffered ankylosis of right knee and shortening of left upper limb to the tune of two and a half cms. It is submitted that despite this material being on record, learned Tribunal has not awarded any amount under the head of permanent disability and loss of income. Besides this, it is submitted that even the amounts awarded under other heads are inadequate and needs to be enhanced.
4. As per the discharge ticket issued by Medical and Health Department, Rajasthan, claimant had suffered fracture of left femur as well as right femur and right leg bone. He was advised G.T. Slab. There is no mention of any fracture in the upper limb in this discharge ticket which appears to be the first medical document after the accident had taken place on 07.09.2000 at 11:20 a.m. when claimant was travelling by Rajasthan Roadways Bus and was coming to Sikar. This document is available on record as document no.1. Thereafter, there are prescriptions of one Goyal Hospital and that of Pharmacy. There is no discharge card of Goyal Hospital on record to show that what was the extent of injury and for what purpose claimant was operated upon, inasmuch as, charges have been shown to be Rs.15000/- and extra surgery charges to the extent of Rs.3000/- in the bill dated 17.09.2000. Thereafter, another discharge slip has been produced from Madhuraj Nursing Home Pvt Ltd. showing date of admission as 17.09.2000 and date of discharge as 30.09.2000 in which, it is mentioned that diagnosis was for fracture of tibia/fibula (Rt.) with lateral POP and involvement of knee A/K POP cast. Fracture shaft femur right. Fracture tibia/fibula left. Fracture of colles (Rt.). Colles (Rt.) fracture is a type of fracture of distal forearm in which the broken end of radius is bent. Treatment is cast/surgery. As per the radiopaedia, colles (Rt.) fractures are very common extra articular fractures of distal radius that occur as a result of a fall onto an outstretched hand. No operation notes have been enclosed. It is not mentioned that, as to how, shortening of upper limb could take place due to fracture of radius. In absence of discharge card from Goyal Hospital, where admittedly claimant was treated till 17.09.2000, it is difficult to co-relate the discharge from Madhuraj Nursing Home Pvt Ltd. Bill dated 30.09.2000 issued by Madhuraj Nursing Home Pvt Ltd. does not give any reference of any operative procedure carried out on the injured. Therefore, when document from Government Hospital, Rajasthan is read in conjunction with available documents on record that it is not made out that there was any fracture in the left hand due to which any shortening has actually taken place. In fact, discharge card from Madhuraj Nursing Home Pvt. Ltd. depicts fracture of right colles, therefore, it is apparent that no fracture had taken place in the left upper limb so to cause any shortening.
5. There is a report from Bharat X-Ray Pathology and ultrasound dated 05.10.2001, which gives details of old fracture of left leg in shaft tibia and fibula with colour formation. Another X-Ray report dated 11.08.2001 also makes a reference of old case of commutted fracture of tibia and fibula in the left leg. There is a prescription dated 16.04.2002 issued by one Dr. Vishal Agarwal that also gives details of one and half year old multiple fracture on both the leg bones with history of left foot drop. It prescribes physiotherapy for ankle and other bones.
6. Thus, it is apparent from the documents on record that, appellant-claimant has not been able to substantiate any injury to the left upper limb, which has been certified in the disability certificate dated 13.03.2002 and 20.03.2002 issued by the Medical Board in the Office of Chief Medical Officer, Kanpur Nagar.
7. In view of such facts, claimant is not entitled to get any compensation under the head of permanent disability and the finding on this count by the learned Claims Tribunal, does not call for any interference. However, taking into consideration total duration of the treatment and the agony which claimant had undergone on account of such accident, it will be in the interest of justice to enhance amount awarded under the head of mental pain and agony from Rs.10,000/- to Rs.25,000/-.
8. Similarly, claimant has not been awarded any specific sum under the head of physiotherapy, future treatment, attendant, transport and nutritious diet. A consolidated sum of Rs.50,000/-(fifty thousand) under these heads will take care of the amounts, which would have been spent by the claimant. Therefore, there will be enhancement to the extent of Rs.65000/-(sixty five thousand) over and above, the amounts awarded by the learned Claims Tribunal.
9. This additional amount will also carry interest @ 7% from the date of filing of the claim petition.
10. In above terms, Appeal is disposed off.
11. Lower court record, if any, be sent back forthwith.
Order Date :- 3.2.2021 Ashutosh