R.N. SHARMA Vs. ASHOK GAUTAM AND ORS.
LAWS(DLH)-2009-5-442
HIGH COURT OF DELHI
Decided on May 19,2009

R.N. SHARMA Appellant
VERSUS
Ashok Gautam And Ors. Respondents

JUDGEMENT

J.R. Midha, J. - (1.)THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 91,300/ - has been awarded by the learned Tribunal. The appellant seeks enhancement of the award amount.
(2.)ON 29th October, 2002, the appellant was crossing the road opposite Nirman Bhawan when he was hit by Car bearing registration No. DL -7CA -9577 driven rashly and negligently by respondent No. 1.
The appellant suffered fracture of Vth Metatorsal base of his left foot for which he was plastered initially for three days and then for four weeks. The appellant also suffered injuries on left hand. His left ring and middle fingers were strapped.

(3.)THE appellant appeared in the witness box as PW1 and deposed that he initially visited Dr. Vipul Jain who gave first aid and advised x -ray which was got done by Precision Diagnostic Centre. The appellant thereafter attended Prasham Ortho Clinic where fresh x -ray was done and the fracture of Vth Metatorsal base of left foot was found for which the appellant was plastered for three days. After opening the said plaster, a fresh plaster was put for four weeks by Prasham Ortho Clinic. On 5th November, 2002, the appellant attended Dr. Ram Manohar Lohia Hospital where he was again x -rayed. On 5th November, 2002, the appellant visited Dr. Dhar for second opinion, where the fractured foot was replastered. The plaster was removed after eight weeks on 6th January, 2003 and the appellant was advised physiotherapy. Since the pain continued, the appellant visited Prasham Ortho Clinic on 19th April, 2003 where he was again x -rayed and some displacement was noticed by the doctor.


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