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SHYAM SINGH versus DINESH CHANDRA KABARA & ANR

High Court of Rajasthan

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SHYAM SINGH v DINESH CHANDRA KABARA & ANR - CMA Case No. 20 of 2000 [2006] RD-RJ 339 (7 March 2006)

S.B. CIVIL MISC. APPEAL NO. 21/2000

S.B. CIVIL MISC. APPEAL NO. 20/2000

Date : 07.03.2006

HON'BLE MR. BHAGWATI PRASAD, J.

Mr. S.K. Sankhla for the appellant.

Mr. UCS Singhvi for the respondents. =====

Heard.

This case is for enhancement of the award. The appellant claimant in the accident has sustained a fracture in his left leg apart from other injuries. The fracture of femur of left leg has resulted into 15% disability. As and when a fracture of femur takes place, many postural problems occur to the injured apart from pain which occurs periodically and occasionally. The

Tribunal has awarded Rs.10,000/- for the fracture which appears to be grossly insufficient because with the fractured femur, a man becomes psychologically weak. Every time when he has to do something strong, it will occur to him that he has a limb which is on the weaker side. The award of Rs.10,000/- for fracture of such a major bone in the facts and circumstances of the case, appears to be grossly insufficient. The same is enhanced to Rs.50,000/-. Rest of the award is maintained as it is.

The Tribunal will frame the award with the increased amount as indicated above. The appeal is disposed of.

There is yet another appeal against the same award being S.B.

Civil Misc. Appeal No. 20/2000 `Shyam Singh Vs. Dinesh Chandra & Anr'. In this appeal, the injured has sustained simple injuries and for those injuries, he has been awarded Rs. 20,000/- as compensation. This Court feels that in case of simple injuries, Rs. 20,000/- has been awarded which does not call for any interference. The appeal having no force is hereby dismissed.

(BHAGWATI PRASAD, J. bjsh


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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