PRITAM CHAND Vs. RAM KRISHAN GAUR

JUDGEMENT

(1.) THIS appeal by the claimant has been filed for enhancement of compensation and therefore, only the facts relevant are being given.

(2.) THE undisputed facts are that the Appellant suffered multiple injuries in a motor vehicle accident. He suffered fracture of his arm and legs. He immediately went to Pawar Nursing Home, Paonta Sahib where he was given first aid and thereafter sent for treatment to Bhandari Hospital at Vikas Jung Nagar where he remained admitted from 31.1.2003 to 16.2.2003. The learned Tribunal has awarded Rs. 43,000/ - to the Appellant on account of medical and transport expenses after perusing the bills which amount to Rs. 42,119/ - in all. No other bill has been proved on record. In addition to this, the claimant was awarded Rs. 7,000/ - for gratuitous services rendered, though there was virtually no evidence in this regard. The learned Tribunal has also awarded Rs. 43,000/ - to the Appellant for pain and suffering and loss of comforts inclusive of his future medical treatment. In addition to this, the Appellant was also awarded Rs. 14,000/ - as loss of income for four months.

(3.) THE aforesaid judgment was given in the peculiar facts of that case. Without entering into any controversy in this regard, it would be pertinent to mention that as far as disability certificates are concerned, there are clearcut judgments of the Apex Court which lay down that the disability certificate must be proved by the doctor who issues the same. In fact, in National Insurance Co. v. Nant Ram and Ors. Latest HLJ 2005 (HP) 153, this Court had held that all documents which are not public documents must be proved in accordance with law. A disability certificate is not a public document and must be proved by examination of the doctor.