BHAGIRATH Vs. IQBAL

JUDGEMENT

(1.) APPELLANT /claimant has directed this appeal against the award dated 2.1.2001 passed by IIIrd Additional MACT, Dewas in Claim Case No. 69/2000 thereby awarding Rs. 10,000/ - as compensation together with 10% interest from the date of the application till its realisation.

(2.) CONSIDERING the submissions of learned Counsel and on perusal of the facts stated in para No. 8 of the impugned award, it emerged that the alleged accident occurred on 24.3.2000 and thereafter claimant was admitted to Dewas Hospital for his treatment. During his treatment an X -ray of his right leg was taken up. The X -ray does not indicate any fracture whereas Dr. A.K. Dube P.W. 2 who gave the disability certificate to the extent of 19% disability, has examined the claimant on 4.12.2000 and the X -ray report of the said date indicates that the Calcaneum bone of right ankle joint was not at all present and as a result of the said fact disability certificate of 19% was given by Dr. A.K. Dube. It is pertinent to note that the X -ray report dated 24.3.2000 Exhibit P/5 immediately taken after the alleged accident does not indicate any fracture in the right leg of the claimant, whereas the X -ray report dated 4.12.2000 taken up after about 9 months of the accident indicate fracture of Calcaneum bone of right ankle joint. The said fracture found on 4.12.2000 cannot be attributed to the alleged accident occurred on 24.3.2000.