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Showing contexts for: paralysis in Mr. Madesha vs Mr. R. Nallashivam on 5 January, 2026Matching Fragments
11. The medical records, particularly, the testimony of the CW1 would show that there was a radial nerve tearing in the right hand and therefore, there was nerve paralysis along with the fracture of the right humerus. The fracture of the right humerus was treated with the help of plates and screws and the torn radial nerve was repaired. However, such radial nerve repair has not resulted in returning his right hand to the normalcy. It is stated that due to radial nerve paralysis, there is deficiency in the touch sensation and the grip of the hand. Therefore, he has assessed the disability at 51%. Para 14 of his NC: 2026:KHC:235 HC-KAR deposition clearly established this aspect. The cross- examination of CW1 do not show anything which falsifies or impeach his testimony.
13. Apart from that, the medical records produced at Exhibit C1 show that there is nerve palsy. The petitioner was also treated for the said injury. But however, it is a settled medical status that any damage to the nerve is unrepairable and the limb cannot return to its normalcy. Unlike a fracture or any other injury involving the muscles, neurological injuries are seldom repairable. When the NC: 2026:KHC:235 HC-KAR doctor who treated the petitioner has been examined as CW1 and he has stated that there is a disability of 51% to the right upper limb, the same needs to be given sufficient weightage. Therefore, the argument of the learned counsel for respondent No.3 that a Neurologist should have been examined to say about the nerve paralysis cannot be accepted.
19. The petitioner has been awarded a sum of Rs.12,000/- under the head of loss of income during laid- up period. Considering the same at 3 months, the same is enhanced to Rs.18,000/-.
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NC: 2026:KHC:235 HC-KAR
20. The injury involving nerve paralysis definitely calls for a higher compensation under the head of loss of amenities in life. Therefore, the same is enhanced to Rs.40,000/-. In the result, the petitioner is entitled for a total compensation of Rs. 5,03,600/- under the following heads: