LAWS(CHH)-2011-4-37

NIRMAL WASWANI Vs. NARENDRA PAL SINGH

Decided On April 04, 2011
NIRMAL WASWANI Appellant
V/S
NARENDRA PAL SINGH Respondents

JUDGEMENT

(1.) APPELLANT/ claimantis seeking enhancement of the compensation awarded by the 10th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 20.07.2006, passed in Claim Case No.05/2005.

(2.) AS against the compensation of Rs.5,70,000/- claimed by appellant/ claimantthrough his father Raju Waswani, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 28.09.2004, the Tribunal awarded a total sum of Rs.20,789/- as compensation along with interest @ 6% 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: