APSRTC REP Vs. TUPAKULA VENKATA RAMANA

JUDGEMENT

(1.) Aggrieved by the compensation awarded by the Tribunal below, the 2nd respondent in M.V.O.P.No. 556 of 1998 on the file of the Motor Accidents Claims Tribunal - District Judge, Cuddapah filed this appeal.

(2.) As per the version of the 1st respondent (claimant) who was examined as P.W. 1 in the O.P., while he was driving Metador van from Royalpet to Palmaneru side on 21-3-1997 at Godipalli village, the R.T.C. Bus bearing No: AP 9Z/5128 came in a rash and negligent manner in the opposite direction and dashed against the Metador van, as a result of which, he sustained serious injuries to his two legs. It is also his case that he was shifted to Government Hospital, Palamaneru and from there to Govt. headquarters Hospital, Chittoor. He did not state how long he was treated in the Government Hospital. But, according to him, after he was discharged from the Government Hospital, Chittoor, he joined in Nirmala Hospital and one Dr.Subramanyarao operated on his right leg and he was hospitalized for 10 days as inpatient. Since, the fracture was not completely healed, he again visited the Government Hospital, Cuddapah on various dates and took treatment under Dr. Ramachandraiah. As per the Certificate of the Doctor, the disability is estimated at 32%. Hence, he filed the petition claiming Rs. 2 lakhs as compensation. To prove the injuries sustained by him, he examined Dr. Ramachandraiah as P.W. 2. According to him, the claimant was treated on 14-8-1998, 1-9-1997,17.9-1997, 3-4-1998 and 18-5-1998 for the injuries, he received in the accident. As per Ex. A-3, the disability certificate issued by P.W. 2 he estimated the disability at 32%. Admittedly, the claimant stated that he has gone to Government Hospital for taking treatment, whereas P.W. 2 has given the disability certificate in his individual capacity, but not as a Doctor of Government Hospital. Further, the Doctor has not produced any evidence to show that he treated the claimant on any of the days in the Government hospital with reference to the medical prescriptions or the Case sheet. Ex, A-2 is the wound certificate issued by the Civil Assistant Surgeon, Government Hospital, Chittoor. Though it is dated 31-3-1997, from the last sentence of the wound certificate, it has to be noted that immediately after he was shifted to District Headquarters Hospital, he issued the wound certificate to the Investigating Officer since it is a Medico Legal Case. This wound certificate given by the Doctor, is only on the basis of the external examination and on the basis of the X ray that was taken at the time when the patient was brought to the hospital. With regard to the particulars as to the nature of treatment that was given in the Government Hospital and also as to the number of days he was in the Government Hospital, no evidence is forthcoming. According to the claimant, after he was discharged from the Government Hospital, he had been to Nirmala Hospital and one Dr. Subramanyarao operated on his right leg. There, he was hospitalized for 10 days. Neither the Doctor who attended on him in the Government Hospital nor the Doctor who operated his leg, were examined. As stated supra, except the oral statement and the disability certificate given by P.W. 2, he did not speak about the treatment he has given with reference to the prescriptions and the record maintained in the Government Hospital. Where according to the claimant himself he was treated in the Government Hospital, but not in the Private clinic of P.W. 2. Likewise, when he was treated in the Government Hospital, P.W. 2 is expected to issue certificate on the prescribed proforma maintained by the Government Hospital. Nothing of that sort has taken place in this case. Hence, I hold that the medical evidence adduced, is very very vague and doubtful, on the basis of which, it is highly difficult to sustain the compensation awarded by the Tribunal below.

(3.) Hence, the award of the tribunal below is set aside and the matter is remanded back to the Tribunal for fresh consideration by giving an opportunity to the claimant to examine the Doctors who treated him at the relevant point of time i.e. at the time of accident, the Civil Surgeon or his Assistant Surgeon in the Government Hospital. Since the accident took place in the year 1997, the Tribunal below shall dispose of the O.P. within a period of 3 (three) months from the date of receipt of copy of this order.