CHANDRASHEKAR Vs. REVANASIDDAPPA DANADAMANI

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 13.01.2010 rendered by the Member, MACT-VI, Bijapur in MVC No. 217/2008 whereby, the claim petition filed by the appellant-claimant has been partly allowed and the Tribunal has awarded a lump sum compensation of Rs. 7,30,000/- against the respondents.

(2.) The Tribunal awarded a lump sum compensation of the rate of 6% per annum keeping in view the nature of injuries sustained by the appellant.

(3.) I have perused the judgment and other relevant material placed on record. The Wound Certificate (Ex. P4) issued by District (Government) Hospital, Bijapur shows that the injuries sustained by the appellant were simple in nature. He was in the hospital for about ten days. In the hospital, all the tests including Sonography was done by the Doctors. According to learned counsel for the claimant, the claimant also underwent some minor surgery. Admittedly, he did not suffer any fracture. It is against this backdrop, the claimant instead of approaching the Doctors, who treated/operated him in the Government Hospital at Bijapur, approached Dr. S.S. Bedar, the private practitioner, for the reasons best known to him for seeking disability certificate after more than three years. The accident occurred on 02.08.2006, whereas, Dr. S.S. Bedar (PW. 2) issued disability certificate on 14.12.2009. Dr. S.S. Bedar did not treat him or had seen him after the accident or while he was in the hospital. He gave certificate stating that the claimant suffered 35% to 40% permanent disability to the whole body. He did not give any reasons as to on what basis, he issued the certificate.