HARI PRASAD Vs. MUKESH CHOWDHARI AND OTHERS

JUDGEMENT

(1.) Instant appeal has been filed seeking enhancement of compensation awarded by Motor Accident Claims Tribunal (A.D.J. F.T. No. 8), Jaipur City vide award dated 6th May, 2006 in M.A.C. No. 372/ 2005.

(2.) Claimant (injured) aged 35 years while going on foot from Old Bus Stand Pali to the Bank situated at Vivekanand Circle on 2nd April, 2003 when reached near Happy Home Hotel Pali, was hit by offending loading Tempo No. RJ 22 G 1403 because it overturned after striking the divider on account of it being driven rashly and negligently by its driver-as a result whereof, he sustained grievous injuries. The appellant was admitted in Government Medical Relief Society, Pali wherefrom he was referred to Jaipur where he remained hospitalized in Apex Hospital from 3rd to 10th April, 2003 during which he underwent surgical operation. It is the case of appellant that he was also admitted in Gupta Fracture Clinic, on 17th April, 2003 and discharged therefrom on 21st April, 2003 and thereafter took regular medical treatment in Sanjeevani Hospital as outdoor patient from 6th to 28th Nov., 2003. As per certificate (Ext. 6), he sustained 11% permanent disability due to injuries sustained in the accident. Considering the facts on record, the Tribunal recorded finding that while he was admitted in Apex Hospital, Jaipur, the claimant (injured) got his x-ray done at Pali on 6th April, 2003; as such certificate (Ext. 6) of 11% permanent disability to the claimant was considered to be doubtful. However, taking note of over all conspectus of material on record including nature of seven injuries found vide report (Ext. 4) and so also medicals (Ext. 19 & Ext. 66), learned Tribunal considered to award lumpsum compensation of Rs. 15,000.00 towards expenses incurred during hospitalisation, for physical pain and mental agony due to injuries sustained to the claimant; and for medical expenses as per medical bills; for transportation & nutrition and diet vide impugned award whereby though compensation entitled for was assessed as Rs. 15,000.00 and since the appellant already received Rs. 25,000.00 under no fault liability, the Tribunal directed to make no recovery after adjustment of awarded compensation from the appellant.

(3.) Counsel for the claimant albeit has not disputed hospitalisation and medical operation undertaken on the person of claimant at Apex Hospital, Jaipur so also x-ray having been done at Pali during hospitalisation at Jaipur but submits that since the claimant was insisted upon by the investigating officer in criminal case at Pali, under these compelling circumstances he got x-ray done thereat on 6th April, 2003, which in my opinion seems to be unusual particularly when indisputably he got himself admitted and operated in Apex Hospital at Jaipur on 7tn April, 2006. Even Dr. S.S. Kachchawa (AW 1) supported the fact of having got x-ray (Ext. 5) of the claimant done at Pali (Government Bangar Hospital)- on the basis whereof, certificate (Ext. 6) of 11% permanent disability was issued as deposed by Dr. P.C. Joshi (AW 2) in his oral statement. Considering all these facts, the Tribunal held the permanent disability certificate doubtful but based on other material on record including the injury report (Ext. 4) and medical bills (Ext. 19) to Ext. 66), what has been finally awarded by learned Tribunal, being just does not require enhancement.