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Showing contexts for: knee replacement in Shri Vikram Singh vs Shri Anil Kumar on 20 January, 2014Matching Fragments
27. PW11, ASI Kamlesh produced record of Earned Leave and Commuted Leave of the claimant as Ex. PW11/1.
28. Lastly, PW12, Dr. Hans U. Nagar, Orthopedic Consultant stated that he has given an estimate on 03.06.2013 to the claimant opining that for two stages total knee replacement, claimant will need Rs. 17 Lacs to Rs. 20 Lacs and duration of treatment would be two years. This estimate was proved as Ex. PW12/A. He stated that success rate of total knee replacement is 80% and there are 20% chances that the claimant may face complications. He stated that there is infection in the knee and the procedure may have to be performed two to three times. Therefore, as against a normal knee replacement which costs Rs. 2 Lacs to Rs. 3 Lacs, claimant will require much higher expenses. PW12 stated that first for few months, claimant will be treated for the infection and once he is fit for surgery then only he will be taken for knee replacement. The process may take time. In the meanwhile, cost of operation may also go up. He deposed that the claimant needs more sophisticated joint as his knee is already damaged due to trauma and infection.
29. This witness was crossexamined by the counsel for the Insurance Company at length. During his cross examination, PW12 deposed that his hospital was approved by CGHS; there are other hospitals like Primus Hospital, Modi Hospital etc. who are also on the Panel of CGHS for orthopedic problems; claimant can also get knee replaced from other hospitals which are on the Panel of CGHS and he denied a suggestion that the estimate given by him is exaggerated.
70. This estimate is Ex. PW12/A.
71. PW12 has stated that since there is infection in the knee, the procedure may have to be performed 2 to 3 times and that is why as against a normal knee replacement which costs Rs. 2 to 3 lacs, claimant will need much higher amount in his case. He stated that for first few months, claimant will be treated for the infection and once he is fit for surgery only then he will be taken for knee replacement. He has deposed that the process will take time and in the meanwhile cost of operation will also go up. He further stated that the knee of claimant is already damaged due to trauma and infection, therefore, he needs more sophisticated joint.
78. However, claim of Rs. 17 lacs to Rs. 20 lacs for total knee replacement appears to be on the higher side. It is the own evidence of PW12 that in a normal case, total knee replacement costs Rs. 2 to 3 lacs. Since claimant's knee is in a bad condition due to trauma and infection, it appears that a compensation of Rs. 5 lacs shall be a just compensation for that purpose. Therefore, claimant is awarded a sum of Rs. 5,00,000/ for Total Knee Replacement.
79. Claimant has stated that he had just concluded Induction Course for Sub Inspector in Delhi Police when he suffered with this accident and suffered permanent disability in relation to right lower limb to an extent of 51%.