M.A. No. 2057/2010
19710
Shri N.K. Jain, learned counsel with Shri A.D. Mishra,
learned counsel for the appellant is heard on the question
of admission.
This is an appeal against the award dated 29.1.2010
passed by the learned Claims Tribunal, Katni in Claim Case
No.267/2008 whereby the tribunal has awarded a sum of
Rs.15,000/- as compensation to the claimant-appellant.
The appeal is for enhancement of the award, as
according to the learned counsel for the appellant, a very
meager sum has been awarded towards compensation
though the claimant received grievous injuries on several
parts of his body and there was a fracture on the right
knee.
After marshalling of the evidence the tribunal has
come to the conclusion in para-11 of the award that no
evidence was adduced in regard to the permanent
disability. The appellant ought to have filed the X-ray
report, disability certificate and the doctor who treated the
appellant and assessed the disability ought to have been
examined. In absence of the evidence as such, the
disability is not found proved.
2
M.A. No. 2057/2010
The Apex Court in Rajesh Kumar vs. Yaduvir and
others, (2008) 7 SCC 305 has held that the disability
cannot be proved and the disability certificate is not
admissible in evidence unless the doctor who has treated
the injured and given the disability certificate is examined
before the Court and states as to on what basis the said
opinion with regard to disability is tendered.
In the present case, the tribunal has awarded a sum
of Rs.15,000/- to the claimant as compensation. Keeping in
view the fact that the appellant has failed to prove any
disability in the accident, the sum awarded as
compensation by the tribunal towards the grievous hurts is
proper.
In view of the aforesaid, I do not find any case for
interference with the award passed by the tribunal. The
appeal is accordingly dismissed.
(R.K. GUPTA)
Judge
S/