RAJBIR SINGH Vs. SURESH KUMAR

JUDGEMENT

(1.) BY way of this appeal, the appellant seeks remand of the matter to the learned Claims Tribunal for leading additional evidence, which was not adduced by the appellant in the first instance.

(2.) THE appellant, who was working in the Indian Army and posted in 60 Brigade Signal Company, Minto Park, Delhi had met with an accident on 15.11.2004, while he was trying to cross the road near Shankar Market, Connaught Place, New Delhi. Allegedly, a scooter had come in his way while he was crossing the road and when he escaped that scooter, the offending Bus No. DL-1PA-6577, driven by the respondent No.1 came from the Minto Road side, and hit the appellant resulting in the appellant sustaining injury on his left foot. THE appellant, after the accident, was taken to the Ram Manohar Lohia Hospital, where he was admitted and given treatment. On his discharge from the said hospital, he was admitted in Base Hospital. On 04.03.2005, the appellant filed a claim petition for the award of compensation to the tune of `15,00,000/- alongwith interest thereon before the Motor Accident Claims Tribunal, New Delhi. THE said claim petition was, however, dismissed by the Claims Tribunal on the ground that the discharge summary issued by the concerned doctor of RML Hospital mentioned that he had suffered injuries on his foot by running over of the scooter. THE Claims Tribunal, after noting the aforesaid, went on to conclude that this version had obviously travelled to the doctor from the injured himself and, thereafter, the Tribunal held:-

(3.) THE learned counsel for the appellant contends that the factual findings of the Tribunal, which have been arrived at on the basis of the material on record, are not correct. He further contends that the evidence of the Investigating Officer, the evidence of the doctor who issued the disability certificate as well as of the doctor at the Base Hospital, who subsequently treated the appellant, are required to be adduced to show that the appellant sustained permanent disability as a result of the rash and negligent driving of the alleged offending bus.