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2005 DIGILAW 902 (MP)

Karansingh alias Daddu S/o Bodarsingh v. Dharendrasingh S/o Daryaosingh

2005-08-23

N.K.MODY

body2005
ORDER N.K. Mody, J. 1. Shri P. K. Sharma, Advocate for appellant. Shri C. P. Singh, Advocate for respondent No. 3. 2. Being aggrieved by the inadequacy of the amount of award dated 28-4-2004 passed by MACT, Dhar in claim case No. 138/2002, whereby a sum of Rs. 59,000/- has been awarded along with interest @ 9% per annum, the present appeal has been filed. 3. Learned counsel for appellant submits that in a motor accident which took place on 8-7-2002, the appellant sustained grievous injuries and he was admitted to Mittal Hospital at Dhar. Thereafter he was brought to M.Y. Hospital, mdore where the appellant was hospitalized for 4 days. Thereafter appellant was admitted to Lifeline Hospital where he was operated and a rod was inserted in his right leg. It is submitted that break-up of the awarded amount of Rs. 59,000/- is as under: Rs. 22,500/- towards loss of future income Rs. 4,500/- towards loss of income when the appellant was under treatment Rs. 7,500/- towards pain and sufferings Rs. 2,000/- towards transportation charges Rs. 2,500/- towards expenses incurred on attender Rs. 20,000/- towards medical expenses Learned counsel for appellant submits that the amount awarded is on the lower side. It is submitted that there was disability of 21%. The certificate Ex. P/57 is filed which is duly proved by Dr. Ashutosh Verma who is AW-3. It is also submitted that appellant has spent a sum of Rs. 50,000/- to Rs. 60,000/-towards medical expenses but only Rs. 20,000/- has been awarded in that account. It is submitted that loss of income on account of permanent disability has been assessed @ Rs. 1,500/- per year which is also on the lower side. No amount has been awarded towards permanent disability. From the facts it is evident that there was shortening of leg by 0.6". 4. Learned counsel for respondent No. 3 submits that no cogent evidence is produced regarding the job of the appellant. The treating doctor has not issued any certificate. Dr. Ashutosh Verma who has issued the certificate and appeared in the witness box was not the treating doctor. It is submitted the Dr. Verma has himself admitted in his statement that appellant can walk in normal way. It is submitted that in these circumstances, the amount of award is just and proper. Dr. Ashutosh Verma who has issued the certificate and appeared in the witness box was not the treating doctor. It is submitted the Dr. Verma has himself admitted in his statement that appellant can walk in normal way. It is submitted that in these circumstances, the amount of award is just and proper. Learned counsel further submits that since the treating doctor has neither issued the certificate nor appeared before the court, therefore, the certificate Ex. P/57 filed by the appellant cannot be relied upon. In this regard, learned counsel placed reliance on a decision in the matter of I.K. Radha Krishna Reddy v. M/s New India Assurance Co. Ltd. in C.M.A. No. 161/2001, wherein the Andhra Pradesh High Court has observed that the Private Doctors are making good of this situation and obliging the persons approaching them with false Medical Certificates knowing fully well that they have not treated them at any point of time, and at time they even dare to come to the Courts and give evidence on behalf of the claimants without any impunity, since they know that there won't be any cross-examination worth consideration. In the absence of any proper check on such unscrupulous elements and proper assistance from the counsel, this Court is unable to know whether in fact, the accident took place at all, and whether the records placed before the Court are genuine or have been brought into existence with the connivance of the police, with a view to embezzle the public monies in the garb of compensation. 5. In the aforesaid decision, it has further been observed that the Tribunal shall keep a watch on the Doctors who are giving evidence in accident cases, and if the Doctor is a stock witness, they should take appropriate steps to recommend his case for taking action to the A.P. Branch of Indian Medical Council by giving reasons. 6. In the present case, there is nothing on record to show that why medical certificate was not issued by Mittal Hospital, M. Y. Hospital and Lifeline Hospital where the appellant was treated. However, since enough evidence is on record to show that the accident took place and appellant has sustained injuries, therefore, after taking into consideration all the evidence on record, it appears that the amount of medical expenses awarded by the learned Tribunal is on the lower side. However, since enough evidence is on record to show that the accident took place and appellant has sustained injuries, therefore, after taking into consideration all the evidence on record, it appears that the amount of medical expenses awarded by the learned Tribunal is on the lower side. Looking to the shortening of leg by 0.6" it appears that amount awarded towards loss of future income which has been assessed as Rs. 22,500 is also on the lower side. Similarly, no amount has been awarded towards medical expenses. 7. After taking into consideration all the evidence on record, it appears that if the amount of award of Rs. 59,000/- is further enhanced by Rs. 50,000/- then the same will be just and proper. 8. The appeal is disposed of with a direction that appellant shall be entitled for a sum of Rs. 1,09,000/-. The enhanced amount shall carry interest @ 6% per annum.