ORIENTAL INSURANCE COMPANY LTD Vs. SURENDRA UMRAO

JUDGEMENT

(1.) The appeal has been preferred by the Insurance Company on two grounds. Firstly, as per the evidence of the doctor pain and injury is ordinary in nature i.e. fracture on the right palm and injuries on the neck and knee. But, he was declared as 50% disabled on the basis of the disability certificate. The disability certificate was not proved through the Doctor/s issued the same. Secondly, calculation of the award is not at par with the Schedule II under Section 163-A of the Motor Vehicles Act, 1988.

(2.) The appeal was heard on informal papers upon issuance of the notice to the caveator/claimant/respondent No. 1, both the parties agreed hearing on such terms.

(3.) Learned Counsel appearing for the respondents contended that in view of the judgment of Rajasthan High Court in the case of Rajasthan State Transport Corporation and another v. Devilal and others, thecertificate issued by the medical team is a public document, therefore, there is no necessity of examining the witness.