Research › Search › Judgment

Gauhati High Court · body

2002 DIGILAW 490 (GAU)

Kailash Pathak v. Oriental Insurance Company Ltd. and Ors.

2002-12-18

P.G.AGARWAL, P.P.NAOLEKAR

body2002
P.G. AGARWAL, J- When the matter was called for hearing none has appeared for the appellant and the respondents. We have perused the records, 2. This appeal is directed against the judgment and order dated 7.6.2001 passed by the Motor Accident Claims Tribunal, Naibari in MAC Case No. 5/2000. The facts, in brief/are that the appellant claimant filed a claim u/s 166 of the MV Act stating inter alia that on 17.5.97 while he was travelling in a bus bearing Registration No. AS-15-0797, the bus fell down by the side of the road due to negligent driving and the claimant sustained injuries. He was treated initially in the Guwahati Medical College Hospital (GMCH) at Guwahati and thereafter at Rangiya. According to the claimant he sustained grievous injuries and for his pecuniary loss he claimed compensation to the tune of Rs. 2,00,000/- 3. The claim was contested by the respondents owner and the insurer of the vehicle and by the impugned order the tribunal dismissed the claim petition without awarding any compensation. Hence the present appeal. 4. From claimant's own evidence we found that although, the accident took place at Chaygaon situated within the Chaygaon Police Station area the claimant got himself examined in GMC Hospital on the very same day and he was examined in the Out Patient Department by ticket No. A-23929. From the medical certificate issued by the GMC Hospital we find that the claimant has sustained a single injury, that is, an injury of his left forearm. It is specifically stated that there was no other injury and in the certificate itself, the cut injury has been marked by a diagram. Although the petitioner was asked to remain in the casualty ward for observation, if any, the claimant preferred not to remain in the GMC Hospital and he went to another Doctor, namely, Dr B.K. Sarma at Nalbari. The Doctor examined the claimant and found the following injuries on the person of the claimant:- " 1) Left hand arm cut injury with bone fracture. 2) Chest injury (Minor). 3) Dislocation of hip joint which was gracious. 4) Multiple cut injury in various parts of body." 5. The Doctor examined the claimant and found the following injuries on the person of the claimant:- " 1) Left hand arm cut injury with bone fracture. 2) Chest injury (Minor). 3) Dislocation of hip joint which was gracious. 4) Multiple cut injury in various parts of body." 5. The learned member of the tribunal, however, did not believe Dr B.K. Sarma, who was examined as PW-3 mainly on the ground that the claimant could not have sustained above injuries as immediately after the accident he was treated in GMC Hospital at Guwahati where the doctors did not find any injury except one cut mark on the left forearm. The evidence of Dr B.K. Sarma, as regards treatment, is be quoted below:- "I treated him and prescribed some medicines and advised him to do some physical exercise. Ext. 1 is the medical certificate issued by me and Ext. 1(A) is my signature. Ext. 2(l), 2(2) & 2(3) are my prescriptions." 6. If a person had sustained fracture on the left forearm and also dislocation of the hip joint it was unconceivable that he could travel to Guwahati from Chaygaon, attend the O.P.D. there and then go back to Nalbari and get examined by Doctor next day and he will be treated by some physical exercise. Apparently Dr B.K. Sarma has not examined the claimant or a false certificate has been issued. We find that the claimant also submitted another certificate dated 18.5.97 issued by another Doctor, namely, Dr B.C. Kalita of Rangiya and the certificate issued by this Doctor supports the certificate issued by the Doctors of GMC Hospital. Dr Kalita found a cut injury on the left arm only. He has not stated about dislocation of hip joint or fracture on the left forearm or other cut injury on the person of the claimant. On 18.5.97 itself the claimant was examined by two different doctors at two different places and they found different injuries. The Tribunal was, therefore, on sound footing to discard the evidence of Dr B.K. Sarma. The claimant sustained a minor injury and the tribunal held that the claimant could not establish that the said injury was sustained in the said motor accident. Hence the tribunal rightly refused to grant any compensation and we find no case for interference. 7. The Tribunal was, therefore, on sound footing to discard the evidence of Dr B.K. Sarma. The claimant sustained a minor injury and the tribunal held that the claimant could not establish that the said injury was sustained in the said motor accident. Hence the tribunal rightly refused to grant any compensation and we find no case for interference. 7. Before parting with the record, we would like to observe about the manner in which a certificate has been issued by Govt. Doctor, namely, Dr B.K. Sarma, who was posted as Medical and Health Officer-1 at Murkona Sub-Center at the relevant time. The Director of Health Services, Assam shall make an enquiry into the matter and take necessary follow up actions. 8. The appeal stands dismissed with cost of Rs. 5000/-. A copy of this judgment along with photocopies of the evidence of Dr B.K. Sarma and the certificates issued by the CMC Hospital be sent to the Director of Health Services, Assam.