KAMLE KAMALAKAR Vs. CH. GOPAL KRISHNA

JUDGEMENT

(1.) Being aggrieved by the judgment dated 27-02-2006 in O.P.No. 919 of 2003 on the file of the learned Motor Accident Claims Tribunal - cum - IV Additional District Judge (FTC), Nizamabad (for short, 'the Tribunal'), the present appeal is filed by the petitioner therein on the ground that the Tribunal brushed aside the medical evidence and did not appreciate the fractures and other injuries and the expenses incurred by the petitioner and did not award compensation under all heads and rejected the claim on technical grounds.

(2.) Heard both counsel.

(3.) A perusal of the order of the Tribunal shows that it took up exercise of calling for medical records from CSI Hospital, Doodgoan; PHC, Balkonda; and Government Hospital, Nizamabad, on the basis of the testimony of P.W.1 that he took treatment in all the above three hospitals. Ex.A2, wound certificate issued by PHC, Balkonda, shows that the petitioner sustained fracture to right forearm, fracture to right middle finger and he lost his 23 teeth. Considering that the doctor, who gave opinion on Ex.A2, was not examined, the Tribunal called for the medical records from all the above hospitals, to assess the credibility of Ex.A2. The Superintendent, Government Hospital, Nizamabad, sent a letter stating that there was no entry in MLC register on 16-08-2002 and in-patient register on 17-08-2002. The Deputy Civil Assistant Surgeon, Balkonda, addressed a letter stating that only a copy of MLC was available in their hospital records and the same was marked as Ex.C3 which is nothing but Ex.A2.