NARENDRA KUMAR DOHRE Vs. MUKESH

JUDGEMENT

(1.) THE facts in brief shorn of details and necessary for the disposal of this appeal lie in narrow compass : Appellant/claimant was travelling in Bus No. MP07F 0553 as second driver of the vehicle and at the relevant time, this vehicle was driven by respondent No. 3 Suman Singh Tomar. Respondent No. 3 by rash and negligent driving, dashed the vehicle against a truck which caused grievous injuries to appellant. The learned Claims Tribunal by the impugned award, allowed compensation of Rs. 42,000/- against which, present appeal has been filed for enhancement of award to the extent of Rs. 95,000/-.

(2.) IT has been contended by learned Counsel for the appellant that he completely lost the hearing power because of permanent disability caused due to damage of right ear. However, the learned Tribunal erred in not appreciating medical evidence in right perspective. The learned Counsel for the respondents has contested the contention on the ground that in claim petition Under Section 166 of Motor Vehicles Act, what is pleaded in para 10 of the application, is that the appellant sustained injuries in both the hands and legs and also on head and chest. There is no mention of loss of hearing or any damage to the ear, for which, the compensation is claimed. I am of the opinion, that apart from the injuries mentioned in para 10 of the application, it has also been made clear that appellant had received injuries throughout the body, however, in order to ascertain the exact injuries suffered by appellant, it is necessary to go through the evidence on record.

(3.) IN Medical examination of the injuries (Ex. P/11), avulsion of right ear was found and the appellant was referred to E.N.T. specialist for further opinion. X-ray was also advised. In medical certificate of Dr. Suresh Chandra Bandil, Morena (Ex. P/31) dated 12.1.1997, issued after a year from the incident, it has been opined that the injuries which the appellant had suffered by reason of accident, involved, permanent loss of right external ear which leads to permanent disfiguration of his face. He is also suffering with whipless injury cervical spine leading to cervical spondylosis and there is painful movement of cervical spine. However, it has been argued for the respondents that no doctor was examined in evidence to prove permanent disability on account of injuries mentioned in aforesaid medical certificate.