JUDGMENT The appellant-claimant has preferred this appeal under section 173 of the Motor Vehicles Act claiming enhancement of the amount of compensation for injuries to his left palm caused in the motor vehicle accident on 23.10.1989. The Claims Tribunal awarded, a consolidated sum of Rs. 12,000/- on all heads as compensation. Shri K.K. Lahoti, learned counsel appearing for the claimant in this appeal submits that the injury caused to the left hand and palm of the claimant has resulted in permanent disability to the extent of 75% which was proved by medical certificate (Ex. P-2) dated 2.12.1993 issued by Dr. H.S. Dandotia, Surgical Specialist of Civil Hospital, Morena and the certificate of his being handicapped dated 27.2.1993 from the Civil Hospital, Morena. The learned Judge of the Claims Tribunal refused to reply on the abovementioned certificates to award higher amount of compensation for alleged claim of permanent physical disability stating that the medical papers and the X-ray report of the claimant from the hospital, where he was treated soon after the incident, were not produced to substantiate the higher amount of compensation. In this appeal on behalf of the claimant an application tinder Order 41 Rule 27 of the CPC has been filed to take on record a letter received by the claimant dated 2nd April 1996 from Military Hospital, Jhansi, where he was treated after the accident, stating that the medical papers and X-ray report cannot be supplied being documents of confidential nature. Shri Lahoti, learned counsel appearing for the appellant-claimant, submits that the claimant was prevented by cause beyond his control from producing the medical papers in proof of his permanent disability and, therefore, the two medical certificates produced by him should be accepted and the quantum of compensation be enhanced as the injury caused to the claimant in the accident has resulted in permanent deformity making his left palm totally unfunctional. Shri Prashant Sharma, learned counsel appearing for the Corporation which is the owner of the vehicle involved in the accident, opposes the claim stating that the two medical certificates issued much after the accident are not sufficient to prove the claim of higher amount of compensation for alleged permanent physical disability. The application under Order 41 Rule 27 CPC has also been opposed on the ground that no effort was made in the trial Court to summon the relevant record from the Military Hospital, Jhansi.
The application under Order 41 Rule 27 CPC has also been opposed on the ground that no effort was made in the trial Court to summon the relevant record from the Military Hospital, Jhansi. After hearing the learned counsel for the parties, I have examined the record of the claims Tribunal. I find that for the accident which took place on 23.10.1989, the Medical Certificates Ex. P-2 and Ex. P-11 have been obtained on 2.12.93 which are prima facie not an evidence to show the nature of injury and physical disability caused to the claimants in the accident of the year 1989. No effort was made in the Claims Tribunal to summon the medical record of the claimant from the Military Hospital Jhansi which alone could have proved that as a result of the injury caused to the claimant in the accident he was permanently disabled to the extent of 75%. Along with the application under Order 41 Rule 27 CPC a letter issued on 2nd April 1996 from the Military Hospital authorities, Jhansi has been produced arid the contents thereof show that the medical papers do not contain any X-ray report. The authorities have also refused to supply copies of the medical papers. There is also no prima facie evidence to hold that the claimant suffered permanent disability to the extent of 75%. The application under Order 41 Rule 27 CPC for the aforesaid reasons cannot be allowed and the request for remand of the case to grant additional opportunity to the claimant to prove the nature of injuries and extent of disability cannot also be allowed. For the aforesaid reasons, the appeal fails and is hereby dismissed, but in the circumstances, without any order as to costs.