NIRMALA DAS, W/O LATE JATINDRA MOHAN DAS ALIAS Vs. MADHAB CHANDRA SAHA, S/O LATE MAN MOHAN SAHA; UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) By means of this appeal, the petitioner has prayed for enhancement of compensation. Along with this appeal an application under Order 41 Rule 27 of CPC has been filed whereby one discharge certificate is sought to be placed on record which shows the extent of disability of the petitioner to be 50%.

(2.) It is not disputed that the petitioner suffered injuries in an accident which took place on 10.09.2001 at about 8.30 am. It is also not disputed that immediately thereafter the petitioner was taken to hospital and she remained in GBP hospital from 10.09.2001 to 13.09.2001 i.e. for a period of four days. Thereafter she was discharged with a diagnosis that she had suffered multiple injuries. Other than that there is no contemporaneous material of September, 2001, to show what were the injuries sustained by the claimant. There is however one OPD slip of 26.04.2002 in which the claimant has been examined and complained to the doctor that she has been suffering from low back ache which extends to her buttocks and pain in the right knee. However, the claimant refused to get an X-ray done. This document is of 26.04.2002 i.e. six months after the accident took place. The only other document which shows the nature of injuries is a document dated 19.01.2004, more than three years after the accident and this also shows some pain in the right leg but again the petitioner refused to get an X-ray done.

(3.) The petitioner appeared in the witness box and stated that she was treated for four days in GBP hospital. Thereafter, she was treated as an outdoor patient in the said hospital. She does not state a word as to what were the injuries received by her. She also does not state a word that she is still suffering from pain. No disability certificate was produced during the trial. After decision of the case, the appellant obtained a disability certificate and has now filed the same.