SAJAH ALIAS SAJAD Vs. SUNILA KUMARI C K

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)996/06. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.19,600/- with 7% interest. Dissatisfied with the same the claimant has come up in appeal for enhancement.

(2.) Perused the award. The award would reveal that the claimant was admitted in a hospital for 5 days with a deep contaminated lacerated wound on the right leg and pubic symphyseal diastasis. A disability certificate was produced wherein the doctor fixed the permanent disability at 14% but the Tribunal did not accept the same and therefore it did not grant any compensation for permanent disability.

(3.) It is averred in the appeal memorandum that it is a usual practice of the Tribunal to get an endorsement that no oral evidence is adduced and thereafter reject the documents. The pubic symphyseal means the slightly immovable interpubic joint of the pelvis, consisting of two pubic bones separated by a disc of fibrocartilage and connected by two ligaments. Diastasis means a forcible separation of two parts that normally are joined together, as the separation of parts of a bone at an epiphysis or the separation of two bones that lack synovial joint. So nature of the injury sustained by the claimant appears to be in the form of a separation of a bone of an important part of the body called pubic and therefore one cannot brush aside the whole thing light heartedly. If really there are internal complications for the claimant it is a matter that has to be looked into by the Court in granting a proper compensation. This can be attained by directing the claimant to appear before the Medical Board consisting of experts and thereafter redetermine the compensation.