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54. PW-2 was subjected to cross-examination. In the cross- examination, she admits that to assess the cognitive disability, IQ Test has to be conducted and she is not aware of the IQ score of the petitioner. She admits that he has suffered SDH and SAH. The SDH is blood clotting out side the brain and the said blood clotting was removed by conducting the surgery and bone was also removed. It is elicited that in this case they have kept the skull outside the body and the skull is still in the freezer since the injured did not go for the follow up treatment after the discharge. The skull can be replaced within maximum period of 6 months. If it is sunken, the chances of replacing is not possible. It is further elicited that now the cerebral edema is cured. She admits that there is a treatment for behavioral changes. It is suggested that if the petitioner is provided the behavioral therapy the same will reduce and the said suggestion was denied.

57. Now let me appreciate both oral and documentary evidence regarding disability is concerned. The petitioner has sustained traumatic brain injury SDH, SAH, FTP contusion, multiple skull bone fracture. It has to be noted that the petitioner is not in a position to speak now. The doctor who treated the petitioner has assessed the combined neurobehavioral and cognitive disability of 43.33% and permanent physical impairment with respect to whole body is 84.2%. In the cross-examination, it is elicited that blood clotting was removed by conducting surgery and bone was also removed and they have kept the skull outside the body and the same is still in freezer. Doctor categorically says the same can be replaced within maximum period of 6 months but the same is not replaced. PW-2 further says petitioner can understand the speech but he is unable to communicate. He is in need of one more surgery of Cranio plasty for left calvarial defect. PW-2 categorically admits that she has assessed the permanent physical impairment and permanent physical impairment is different from permanent physical disability. Though it is suggested 1/3rd permanent physical impairment has to be taken into consideration for permanent disability , PW-2 says same can be taken only in respect of limb disability. Petitioner has produced Ex.P.9 neurobehavioral and cognitive assessment Report which discloses that now the patient behavioral changes, irritable, aggressive, emotional lability present, difficulty in speaking , able to speak 1 or 2 words on and off, he is able to vocalize, forgetfulness, forgets names, conversations, what he has eaten for the previous meal, gets head ache and giddiness on watching TV, feels tired all the time , finds it difficult to understand conversations, needs repetition, needs help for almost all the activities of daily living. Ex.P.10 Neurobehavioral assessment report is also produced which shows the disability suffered by the petitioner.

69. It is the case of the petitioner that in the accident he has sustained head injury with SDH, SAH, FTP with fusion and he underwent surgery. It is elicited in the cross-examination of PW-2 that C.T.Scan was taken immediately after two hours of the injury and as per the C.T.Scan report, he has suffered SDH and SAH. The SDH is blood clotting out side the brain and the said blood clotting was removed by conducting the surgery and bone was also removed. PW2 further says in this case they have kept the skull outside the body. The skull still in the freezer since the injured did not come for the follow up treatment after discharge. It can be replaced within maximum period of 6 months. If it is sunken, the chances of replacing is not possible. PW-2 says the cerebral edema is cured and there is a treatment for behavioral changes. PW-2 admits in the cross- examination that petitioner can understand the speech but he is unable to communicate. PW-2 says the speech disturbance can be improved gradually but it may or may not improve. For having taken note of the fact that the petitioner is aged 22 years and he has suffered head injury, speech disturbance, he cannot communicate and his skull has been kept outside the body and petitioner is unmarried, he has lost his marriage prospects. In view of the above discussions, I award a sum of Rs.75,000/- towards loss of marriage prospects.