MOTI BAI Vs. BHAGIRATHI

JUDGEMENT

(1.) APPELLANT/ claimant -is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Baloda Bazar, district Raipur (for short 'the Tribunal') vide award dated 29.10.2005, passed in Claim Case No.164/2004.

(2.) AS against the compensation of Rs.5,07,000/- claimed by the appellant/ claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 24.07.2004, the Tribunal awarded a total sum of Rs.20,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) THE question whether the medical certificate produced by the claimant before the Tribunal without examining the Doctor who issued the certificate can be relied upon as substantive evidence for the assessment of the compensation came up for consideration before the Apex Court in the case of A.P. SRTC v. P. Thirupal Reddy, reported in (2005) 12 SCC 189, wherein it was observed in para 6 as under: