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Showing contexts for: Spinal in The Commissioner vs The Secretary on 18 September, 2019Matching Fragments
3.The appeal has been preferred by the Corporation aggrieved over the compensation granted to the 3rd respondent / Writ petitioner who sustained spinal cord injury while he was walking on the road on 27.03.2009 towards his residence at Kamaraj Salai near Vivekananda Illam along Dr.Besant Salai, at about 09.30 P.M., during which time an Electric lamp post fell on him when the 2nd respondent employees were engaged in removing the old lamp post by welding it. Because of the fall of the Electric lamp post on the 3rd respondent and because of the negligence on the part of the officials of the appellant and the respondents 1 & 2, the 3rd respondent sustained injuries on his shoulder, head and spinal cord and immediately he was rushed to the Government General Hospital and admitted as an inpatient and thereafter, shifted to MIOT Hospitals wherein surgeries were performed on him. He took treatment by paying a sum of Rs.2,69,550/-. An FIR was registered in Cr.No.290 of 2009 in this regard. http://www.judis.nic.in The 3rd respondent who was hale and healthy at the time of the accident has become a vegetable and wheel chair bound. Therefore, he gave a representation on 25.05.2009 to the appellant and the second respondent to pay a sum of Rs.32,92,550/- for being in this position due to the disability sustained by him in the accident. However, the said representation was not considered which compelled the 3rd respondent to approach this Court by filing the Writ petition.
19.The pain and sufferings sustained by the 3rd respondent at the time of accident and resultantly throughout his life can neither be estimated nor compensated in terms of money. Spinal cord injured men suffer a serious complication called "Autonomic dysreflexia (AD)". A case report "Malignant autonomic dysreflexia in spinal cord injured men" by S.Elliott, Department of Psychiatry, Vancouver, Canada and A.Krassioukov, GF Strong Rehabilitation Center, Sexual Health Rehabilitation Service, Vancouver, Canada published in Spinal Cord (2006) 44, 386-392 describes about the serious complication AD being suffered by Spinal Cord injured persons. The important portion of the report reads as follows:-
"Problems of sexual function after spinal cord injury" a research paper made by Stacy L.Elliott, Department of Psychiatry and Urology, University of British Columbia, BC, Canada, British Columbia Centre for Sexual Medicine published as Chapter 26 in L.C.Weaver and C.Polosa (Eds), Progress in Brain Research, Vol. 152 gives the following details:-
"Sexual functioning is recognized by the health care profession as an area of joy for many people, but it can also be an area of great mental and physical suffering. Medicine is mandated to relieve suffering. After spinal cord injury, in general, sexual satisfaction decreases. Sex is a legitimate and fundamental need in humans. Substantial changes to both the autonomic and somatic nervous system occur after spinal cord injury, and result in altered sexual function and fertility potential. This chapter provides a clinical overview of the main sexual and reproductive concerns and priorities men and women face after spinal cord injury. Besides genital functioning, other autonomic functions affect sexuality, http://www.judis.nic.in such as bladder and bowel function, cardiovascular control and temperature regulation. These interlinked autonomic functions are presented in their impact on sexuality. The mind-body interaction and spinal feedback loops are discussed. It is proposed that human sexuality after spinal cord injury can be a model for investigating integrated autonomic function. Recent research on the measurement of cardiovascular parameters during vibrostimulation and ejaculation demonstrates the discordance between objective and subjective signs of autonomic dysreflexia. "
Sexual implications The nature and degree of impairment in sexual functioning after injury to the spinal cord will depend upon the level and the completeness of the lesion. With a complete lesion paraplegic men will rarely experience ejaculation, although orgasm can occur with this. Some have referred to this as a 'phantom orgasm', while others argue that orgasm as such is a central event and does not depend for its occurrence upon peripheral responses (Geiger, 1979). Male paraplegics will generally be able to achieve a reflexogenic erection, but not a psychogenic one and the erection may be difficult to maintain. Less is known about the sexuality of spinal cord injured women than that of men (Thornton, 1979). Vaginal lubrication may still occur as a response to stimulation, and orgasm, as in men. A woman's fertility is not affected, although child-bearing and labour will be more difficult; most men, in http://www.judis.nic.in contrast, will find that their fertility is severely impaired. The act of intercourse itself is complicated by the spinal cord injury, whichever partner is the injured one. There will be limitations in the positions that can be adopted; involuntary spasms may occur and incontinence, or the management of an indwelling catheter, can be a problem also. Little is known of the psychological impact of sexual dysfunctions. Some commentators have suggested that patients are more concerned about these than about any other aspect of their disability (Bloom, 1974; Breslin, 1971; Cole et al., 1973), but this may overstate the case. In one study paraplegics rated sex the least of the major functional losses resulting from their injury; 52 per cent thought the loss of the use of their legs the most important, 35 per cent the loss of control over bowel or bladder, and only 13 per cent the loss of sexual functioning (Hanson and Franklin, 1976). Furthermore, in long term relationships sexual difficulties may be of secondary importance compared with other problems such as loss of fertility (David et al., 1978).