Case: G.Ravindranath @ R.Chowdary Vs. E.Srinivas

Now I am maintained by my parents, and due to the above accident my life has become dejected.? In cross-examination, the counsel appearing for respondent No.2 did make laboured attempt to discredit the testimony of the appellant but he firmly withstood his ground and reiterated the facts relating to accident, his injuries, pain and suffering and the expenses incurred under various heads. It is quite interesting to note that the appellant was not cross-examined on the issue of his educational qualification and the assistance provided by him to his father in doing agriculture. Therefore, that part of the testimony also remained unshaken. PW-2 - Dr. P.V.L.N. Murthy, Professor of Urology and H.O.D. of Urogoly, NIMS gave detailed description of the nature of injuries and the treatment given to the appellant in the following words: ?On 1-11-2000 the patient was admitted on emergency ward under the care of emergency Medical department or the poetics ward/Urology. An initial emergency treatment was given and discharged on 3.11.2000 with advise to review in urology O.P and Ortho O.P after three weeks. By the time he was admitted here he was with a SPC through which Urine was collected by a bag/ he was unable to pass urine via natural passage. The patient was admitted back on 27.1.2001 as per advise and we discharged him on 31-1-2001. During his admission he was treated for infection & fever (U.T.L.) and special X-ray procedures (R.G.U 85 M.C.U) were conducted to evaluate the stricture. The length of the stricture evaluate the strictures. The length of the stricture was 3 to 4 centimeters and urinary passage was blocked completely. By history of the patient it was know that he was suffering from erectile dysfunction be cause of injury (Trauma). He was admitted on 21-3-2001 and operated for the Traumatic stricture Urethra, he under went transpubic urithroplasty. The stricture length was 3 to 4 centimeters and there was extensive callous which was removed. Postoperatively patient had wound infection which was treated. After removing the Unwarily Catheter / Cystoscopy was performed and adhesions and granucalation tissue were removed and catheter reinstated. He was discharged on 21.4.2001 to review back in urology O.P. after one week for cathetal removal. After cathetral removal patient passed urine and readmitted on 16-5-2001 for the management of recurrence of the stricture. He under went VIU (Visual Internal Urithrotonomy) endoscopic operation for the recurrence of tine stricture. He was discharged on 23-5-2001 for the removal of the Urothril cathotic. He was called back to O.P. and catheter was removed, and he passed urine satisfactorily. He was re-admitted on 11-6-2001 for narrowing of the urinary stream die to recurrence of the stricture. He under went endoscope report operation (VIU) and advised him to perform self dilatation. AS the nature of the injury is severe the results of the primary operation (Urithroplast) was explained to the patient required multiple operations and continuous fallow at periodical intervals because the initial trauma was severe and the results of operation will not be satisfactory in this type of injuries. Patient developed ere tile dysfunction following trauma. This could be due to impairment in blood supply or nerve supply to the penis. Ex. P. 5 which was already marked is the cut patient record shows about the regular and periodical visit and follow-up. Whenever a procedure was under taken he was advised to take medicines for two to three weeks. Most of the visits he was accompanied with his father. Totally there are 13 X-rays which were already marked as Ex. P-10 are pertaining to pelvic fracture and traumatic stricture of the Urethra. Some of the X-rays are related to post operation condition. How I see already marked Ex. P-ll which is the outpatient card dt. 11-12-2002 containing past operative follow-up after one year of self dilatation and erectile disjunction. Patient was passed urine satisfactorily with self dilatation. His urine flow rate was peak flow 31.3 average flow 16.3. He complained absence of nocturnal erections since the accident there was minimum tuniscence after sexual arosal. Regiscan and Papavarin (PIPE) were advised to evaluate erectile dysfunction at an endrology centre. xxx xxx xxx For erectile disjunction he might retire if he is willing prosthetic penile implantation which is an artificial erection. It is an expensive operation and fraught with complications.? In cross-examination, nothing could be elicited by Dr.P.V.L.N.Murthy which may cast doubt on his testimony regarding the nature of injuries and treatment given to the appellant by NIMS. PW-3 ? Dr. V.Krishnammurty, Andrologist and Microsurgeon described the test conducted on the appellant. He denied the suggestion that the certificates Exhibits P-13 to P-16 and Exhibits P-16 (a) to (c) were false.From the testimony of three witnesses, it is established that as a result of accident the appellant had suffered grievous injuries in the pelvic region and he has become impotent. It is also established that he has already undergone multiple surgeries and will have to take treatment in institutes like NIMS for at least 10 years.Unfortunately, the Motor Accident Claims Tribunal, Raichur did not give due weightage to the evidence produced by the appellant and awarded meager compensation and that too by overlooking the documentary evidence produced by the appellant regarding the expenses incurred by him at Bhandari Hospital, Raichur and NIMS at Hyderabad. The High Court also failed to properly analyse and evaluate the evidence produced by the appellant and did not adequately enhanced the compensation determined by the Tribunal. In our view, the appellant is entitled to Rs.2,20,000/- towards the expenses incurred in the treatment including hospitalization charges, mess and lodging charges, transportation, etc. For future medical expenses including hospitalization, medicines, attendant charges, etc., the appellant is entitled to Rs.6 lakhs. For pain, suffering and trauma, the appellant is entitled to a sum of Rs.3 lakhs. For loss of amenities and prospects of marriage, the appellant is entitled to Rs.4 lakhs. For loss of expectation of life and loss of future earning, the appellant is entitled to a sum of Rs.5 lakhs.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds], nothing could be elicited by Dr.P.V.L.N.Murthy which may cast doubt on his testimony regarding the nature of injuries and treatment given to the appellant byr. V.Krishnammurty, Andrologist and Microsurgeon described the test conducted on the appellant. He denied the suggestion that the certificates Exhibits16 and Exhibits(a) to (c) were false.From the testimony of three witnesses, it is established that as a result of accident the appellant had suffered grievous injuries in the pelvic region and he has become impotent. It is also established that he has already undergone multiple surgeries and will have to take treatment in institutes like NIMS for at least 10 years.Unfortunately, the Motor Accident Claims Tribunal, Raichur did not give due weightage to the evidence produced by the appellant and awarded meager compensation and that too by overlooking the documentary evidence produced by the appellant regarding the expenses incurred by him at Bhandari Hospital, Raichur and NIMS at Hyderabad. The High Court also failed to properly analyse and evaluate the evidence produced by the appellant and did not adequately enhanced the compensation determined by the Tribunal.