l^ HIGHCOURTOFCHMATTISGARHATBIU^SPUR CORAM: DIVISION BENCH HON'BLE SHRI RAJEEVGUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal No. 188 of 2010 Appellant ^g^ Respondents ^ Sanjay Lahare, S/o Chhattuuram, aged about 18 years, Caste Satnami, R/o Village Kulipota. Police Station and Tahsil Janjgir, District Janjgir Champa (CG) (Applicant) VERSUS Sanjay Kumar, S/o Parasram Tiwari, aged about 25 years, R/o Madan Mahal Building Gupteshwar, C/o Khajan Building, Jabalpur, Distrtot Jabalpur M.P., Permanent Resident of Viilage Kanhai, Deori, Police Station and Tahsil Sihore, Distrtet Jabalpur Harpal Singh, S/o Amrik Singh, R/o H.No.1552 Prem Nagar, Madan Mahal Jabalpur, District Jabalpur M.P. National Insurance Company Limited, Mdhatal, Jabalpur, District Jabalpur M.P. (Non-applicants). Memo of appeal under Section 173 of the Motor Vehicle Act. Present: Shri Rakesh Pandey, counsel for the appellant. ORDER (31st March, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. ^^. i:^^'^ ^;.^ ^ Y^ Shri Rakesh Pandey, leamed counsel for the appellant is heard on admission. 2) Appellant Sanjay Lahare is seeking enhancement of the compensation awarded by Second Additional Motor Accictent Clajms Tribunal, Janjgir (for short 'the Tribunal') vide award dated 05.10.2C%)9, passed in Motor Accident Claim Case No.15/2008. 3) As against the compensation of Rs.11,87.000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by hlm in the motor accident on 02.10.2007, the Tribunal awarded a totat sum of Rs.31,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition Ull the date of actual payment. 4) Shri Rakesh Pandey, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding iow compensation of Rs.31,000/- only though the appellan^clatmant sustained muttiple serious injuries including fractures in the motor accident resulting in permanent disabjlity. 5) Before the Tribunal the claimant examined two witnesses in support of his clajm i.e. AW-1 Sanjay Lahare and AW-2 Dr. H.S. Chandel. The claimant also produced a disability certifteate before the Tribunal purports to have been issued by the Distriet Medteal Board, Janjgir Champa. For proving the above disaNlity certificate, the claimant examined AW-2 Dr. H.S. Chandet, ^i ^ ^^ ^ ^^ Medical Offlcer, Government BDM Hospital, Champa. AW-2 Dr. H.S. Chandel categorically deposed that the disability certificate Ex.A-13 produced before the Tribunal is not signed by him and the entries in the certificate are not in his handwriting. He even doubted the genuineness ofthe disability certificate Ex.A-13. The Tribunal in view ofthe above evjdence ofAW-2 Dr. H.S. Chandel, discarded the disabllity certifjcate Ex.A-13 and held that the claimant could not estabtish that the injuries sustained by hlm in the motor accident resulted in any permanent disability. 6) On due consideration of the submissions of tearned counsel for the appellant and the above-mentloned broad features of the case, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 7) The appeal filed by the appellant/claimant for enhanoement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu