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2011 DIGILAW 2438 (RAJ)

Amit Sharma v. Rajendra Prasad Sanwal @ Raju

2011-11-14

MOHAMMAD RAFIQ

body2011
RAFIQ, J.—This appeal has been preferred by the appellant aggrieved by the award dated 24.9.2007 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (ADJ (Fast Track) No.7, Jaipur City, Jaipur) assailing only on the ground that the learned Tribunal erred in law while not accepting the 7% permanent disability suffered by the appellant and granted compensation considering only 3% disability. 2. Shri Satyapal Poshwal, learned counsel for the appellant has argued that the learned Tribunal has erred in law while only accepting 3% permanent disability of the appellant and awarded Rs.18,360/- (36,000 x 17 x 3/100) against the said disability. The appeal be therefore allowed and award amount be enhanced considering 7% permanent disability suffered by the injured-appellant. 3. Shri V.P. Mathur, learned counsel for the respondents has opposed the appeal and argued that the learned Tribunal was justified in not accepting 7% permanent disability as the same was not found proved by the medical officer by appearing in evidence before the Tribunal. Therefore, report of the medical board was rightly discarded by the learned Tribunal. The appeal therefore be dismissed. 4. Upon hearing learned counsel for the parties and perusing the award, I find that the learned Tribunal erred in law in not accepting the 7% permanent disability of the appellant and discarding the certificate issued by the medical board certifying the above disability. The Tribunal has discarded the medical certificate giving two reasons; one is that it was not disability certificate given in prescribed proforma but what is the prescribed proforma has not been specified and this certificate is on record, which fulfills the requirement of the law. 5. Mere non-production of the medical officer in evidence, cannot be a reason to discard a disability certificate issued by the medical board consisting of three doctors, one Chairman and two Members of the Satelite Hospital, Sethi Colony, Jaipur dated 14.11.2002 opining that appellant suffers 7% permanent disability. The appellant thus deserves to be awarded compensation considering 7% permanent disability instead of 3%. The award of the Tribunal is, therefore, liable to be modified to this extent. 6. In the result, the appeal is allowed in part. Award of the Motor Accident Claims Tribunal, Jaipur City, Jaipur (ADJ (Fast Track) No.7, Jaipur City, Jaipur) dated 24.9.2007 is modified computing 7% permanent disability thus : 36,000 x 17 x 7/100 = Rs.42,840/-. The award of the Tribunal is, therefore, liable to be modified to this extent. 6. In the result, the appeal is allowed in part. Award of the Motor Accident Claims Tribunal, Jaipur City, Jaipur (ADJ (Fast Track) No.7, Jaipur City, Jaipur) dated 24.9.2007 is modified computing 7% permanent disability thus : 36,000 x 17 x 7/100 = Rs.42,840/-. Appellant thus is entitled for the differential amount of Rs.24,480/- (42,840-18,360) together with interest @7.5% from the date of filing claim petition till its realization. The record be transmitted back to the Tribunal forthwith.