URT OF CHHATTISGARH AT BILASPUR DIVISION BENCH HON’BLE SHRI RAJEEV GUPTA, c.J. & ON/’aLE SHRI RANGNATH CHANDRAKAR, J., Misc. Apgeal No. 1134 of 2004 Shivbhajan, S/o. Jaikaran, caste — Kewat, aged about 18 years, Occupation Cultivator, Rio. Village Ramnagar, P.S. Jainagar, Tahsi! Surajpur, district Surguja (C.G.) Angellant aiant un Versus ' 1. Bhanupratép Singh @ Pandui, s/o. 1 about 30 years, occupation - driver, i ‘onppiicats Jaimangal Singh, Caste — Gbnd, raged R/o. viliage Kuruwan,‘ P.S. Jainagar, i Tahsii Surajpur, district Surguja (C.G.) (Driver) Arjun, s/o. .Diiaram, Caste—Gond, R/o. village 'Kuruwan, P.S. Jainagar, Tahsi i Suraipur, district Surguja (C.G.) (Owner) United India Insurahce Company Limited, through Branch Manager, Branch Office Near Ram Mandir, Ambikapur, District Surguja (C.G.) (insurer) I under Section 173 of the Motor Vehicle Act AgQea Present : Shri Shri Atanu Kalyan Ghosh, Kalamkar, learned learned counsel counsel for the on appellant. behalf of Shri Abhijeet Sarkar, learned counsel for respondent ‘ N02 x , Shri Dashrath Gupta, learned counsel for respondent ' No.3. {-ORDER’ (zs‘h Jury, 2010) :HIGH CO coRAM: H Clm éesgondents N-an g l : 1 1 l @ The following order of the Court‘ was passed by Rajeev Gupta, C.J. Appeuant Shivbhajan is seeking enhancement of the ompensation awarded by the Second Additional Motor Accident C laims Tribunai, Surajpur, District Sarguja (for short ‘the. Tribunai’) vide award dated 23.08.2004, passed in Claim Case 1 NDrO7 of 2004. ) As against the compensation of Rs.10,00,000_/~ ciaimed by 2 ithe appeiiant/ciaimant by filing a claim petition under Section 166 Jof the Motor Vehicles Act for the injuries sustained by him inthe motor accident on 28.09.1998, the Tribunal awarded a total sum of Rs.20,500f— as compensation along with interest @ 7% per annum from the date of filing of the claim petition till the date of otuai payment. 3) Shri Atanu Ghosh, learned counsel for the appellant ehemently argued that the Tribunal has erred in awarding low compensation of Rs.20,500/- Only, though the appellant/claimant i sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability. i 4) For the reasons best known to the appellant] claimant, no doctor was examined before the Tribunal to establish the nature l > l l . lof§the l injuries said~tomhave been sustained by the appellant! claimant in the motor accidentja‘nd the fact that those injuries i resulted in any permanent disability. ( i l l c f ~ la ‘ v E ‘) The question whether the medical certificate produced by he ‘claimant before the Tribunal without examining the ‘Doctor who issued the certificate can be relied upon as substantive vidence for the assessment of the compensation came up for onlsideration before the Apex Court in the case of A.P. SRTC v. . Thirupal Reddy, reported in (2005) 12 SCC 189, wherein it Was observed in para 6 as under: t “6. After hearing learned counsel for the respondent— claimant who made an attempt to support the order of the High Court, we find that there was. no .juétification for the High Court to rely on‘ the. disability certificate issued by Dr. Sudhakar Reddy and enhance the compensation by treating the injury as permanent disability to be 45 per cent. ‘ The High Court committed gross error in , loverlookind the fact that Dr. Sudhakar Reddy’s medical certincate was retested by the Tribunal for non— examination of that doctor. The Tribunal has determined the physical disability at 15 per cent on the basis of the deposition of Dr. KM. Mitra and awarded a iust andrfair " compensation. The High Court erred in disturbing the l same and enhancinq the compensation. Consequently, we allow this appeal, set aside the impugned order and restore the award of the Claims Tribunal. The respondent-claimant is allowed to withdraw the amount of a compensation awarded by the’Tribunal, if it has not already been withdrawn.“ 6) The Apex Courtin a recentdictumin the case of ,Rajesh' E , , - Kumar alias Rajku \r. Yu'dhvir Singh andvanother‘, reported in i i l iti ,, iiW", (200 C se ew e ng 8) 7 SC 305, reiterated the am Vi with th foHowi osrvation in para 1 1 : bes ‘* . Whether e disabilit at 60% wa caulaed n he bas of the provisions f t Wk A s n it is also not known as to whther he wa compeent to issu uch a certificate. It even does‘not appear tht th e r T r e nal ls he ore p n e matial brough on rcord by the paries. ln absence f ay ctention havin been raised in rard t th apicabilit the Workmen’s Comensaion Act which, in our pinion, ex faci has n pplicatin, th Same, in our opion, cannot be permitted to be raised for the first time.” “11. Th certificate in question n tis case was obtned er two year. it is not known as hether the Ciil Surgeon of te ospital treated e appellant. On what asi uch a cerifate was issue two yars aethe acciden took place is not known. l ‘ ?the said certificate had not been examined. Unless the author of the certificate examined himself. it was not admissible in evidence. th y s lct o t is o he ormen‘s Compensation ct or otherwie is not know. e s t e s a e contntions raised before us had either been aised before the ribunal o th High Court. The Tribu as ao t High Court, theref, roceeded o th ers t e t o n on g eg o e ply of pt » 7 in view of the abov qued icta of the pex Court in t ) e ot d A he ces o A.. SR . . Tirup addy (upra) and Rajsh as f P TC v P hal R S e uma s R v ra) the Kr alia aju aXudhvir Singh and another (Sup, eal certi pro bth ap be e mdic ficate duced yge pellant/claimant fore th r Tribunal without examining the Doctor who had issued the said i l i i l i @ e i h ai aft s to w v h h th bs, s tic d e ftr t The author of o e o ao e in @ , certificate, canncit be taken into consideration for enhancement of the compensation in the case. , 8) We, thefetore; do not find any soope for enhancement of the compensation awarded by the Tribunai. 9) The appeal fiied by the appellanticlaimant for enhancement of the compensation, therefore, is iiabie to be dismissed and is ‘ hereby dismissed. ‘10) No order as to costs. ‘ k Hi i Sd/- i ~ Chief Justice r i,,,,i ,1