NATIONAL INSURANCE CO LTD Vs. CHANDRESWAR THAKUR

JUDGEMENT

(1.) Heard Mr, B.N. Sarmah, learned counsel for the Appellant as well as Mr. I. A. Talukdar, learned counsel for the respondents/claimant. This appeal is directed against the judgment and award dated 14.10.99 passed by the learned Tribunal in MAC Case No. 84/98 thereby awarding an amount of Rs. 2.39,800/- (Rupees two lakhs thirty nine thousand eight hundred as compensation in favour of the claimant. This appeal has been preferred by the Insurance Company as they were allowed by the Tribunal U/S 170 of the Motor Vehicles Act,

(2.) The whole contention of the appellant is that the learned Tribunal arrived at conclusion that the claimant suffered permanent disability without examining the Doctor. Since the claimant sustained injury, it was incumbent on the part of the claimant to have examined the Doctor and establish its case as to what percentage of permanent disabilities was suffered by the claimant. It would clearly appear that besides submitting a certificate from the Doctor, no doctor who has treated the claimant have been examined by the claimant. Non-examination of the Doctor to establish the extent of disabilities suffered by the claimant deny the opportunity to the Insurance Company to cross-examine the Doctor, In our jurisprudence witnesses put up by either of the parties is subject to cross- examination so as to test veracity or the iruthness or correctness of the statement of the witnesses. In the instant case, no Doctor has been examined to establish the extent of disabilities suffered by the claimant and in that view the permanent disability has not been proved. Apart from that the Tribunal saddled the liability with the Insurance Company on the compensation assessed on the basis of permanent disability suffered by the claimant, without giving any opportunity of cross- examining the Doctor,

(3.) In the result the impugned judgment and award dated 14,10.99 passed by the Tribunal in MAC Case No. 84/98 is hereby set aside. The case is remanded to the Tribunal to start the proceeding afresh from the stage of examination of Doctor. Needless to say that the Insurance Company would be entitled to cross-examine the Doctor. With the aforesaid direction, this appeal is disposed of. The Insurance Company is allowed to withdraw the Statutory deposit. Registry is directed to transmit the case record immediately.