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               (b)   It   is   alleged   that     petitioner   remained   under 

                  treatment from Singh Nursing Home for a crucial 

                  period   of  Two   months  i.e.   from  03.04.2007    to  

                  03.06.2007. 





                                   [Shyam Lal Dahiya Vs. Dev Nath Mehto & Ors.]

(c) It is alleged that on diagnosis petitioner was found to have sustained multiple grevious injuries in the present accident comprising of acute survical spine injuries with Quadriparesis & vitreous heammorage in the eye. Besides this, three upper teeth of the petitioner got broken in the accident and legs & hands of the petitioner sustained paralysis attack, besides sustaining wounds & abrasions all over his body.

47. In view of above, in order to calculate the amount of compensation, the sum is required to be considered under the various heads as delineated above by Hon'ble Apex Court.

(a) MEDICINES & TREATMENT:­

48. Petitioner appeared in the witness box as PW­1 and deposed that immediately after the accident, he was taken to R.R.Hospital, where he was medically examined by the attending doctors vide MLC No. 59/3/2007. He deposed that the attending doctors had diagnosed that he has sustained multiple grevious injuries comprising of fracture of acute survical spine injuries with Quadriparesis & vitreous heammorage in the eye. Besides this, three upper teeth of the petitioner got broken in the accident and legs & hands of the petitioner sustained paralysis attack and he has also sustained wounds & abrasions all over his body. PW­1 deposed that in R.R.Hospital [Shyam Lal Dahiya Vs. Dev Nath Mehto & Ors.] he remained admitted for critical inbound hospitalization of eight days ie. 26.03.2007 to 02.04.2007. PW­1 deposed that despite eight day's hospitalization at R.R.Hospital, he could not recuperate from the injuries sustained and was further treated at Singh Nursing Home, Palam, where he remained on treatment as an OPD Patient, for a considerable period of two months ie. from 03.04.2007 to 03.06.2007.

83. In the present case PW­1 petitioner Shyam Lal Dahiya had deposed that at the time of accident, he after his retirement from Indian Army, was working with AMC, Saharanpur, UP and was getting monthly salary amounting to Rs.27,000/­. He deposed that as a result of the injuries [Shyam Lal Dahiya Vs. Dev Nath Mehto & Ors.] sustained by him, he was diagnosed to have sustained grevious injuries comprising of "acute survical spine injuries with Quadriparesis & vitreous heammorage in the eye as well as three upper teeth of the petitioner got broken in the accident and legs & hands of the petitioner sustained paralysis attack, besides sustenance of wounds & abrasions all over his body.

91. As the disability sustained by the petitioner is such, which has resulted in impeding his smooth functioning and has prevented him from carrying on his avocation, I, therefore, find that it resulted in functional disability of the petitioner to the extent of 50% as he has lost his earning power due to sustenance of "acute survical spine injuries with Quadriparesis & vitreous heammorage in the eye, loss of three upper teeth of and legs & hands of the petitioner sustained paralysis attack ie. Quadraparesis & multiple abrasions & wounds all over his body.