IN THE HON'BLE HIGH COURT OF_CHHATnSGARH AT BILASPUR (C.G.) APPELLANT ^CLAIMANT M.A. rC)NO.°>^<^ OF 2007 ^^-Awadhram Son of Shri Sukhlal Dhruv, aged about 25 years, Resident of Village Jhanjharkera, Tahsil Kurud, District Dhamtari (C.G.). VERSUS RESPONDENTS ^^ L. Dayaluram Son of Shri Lakhan @ ^^ ^.-,..£^^ '^^y-'""" !k..--" Bhaduram Yadav; Ramesh Kumar Son of Shri Anjoriram Tarak, aged about 40 years; Both are resident of Village Demar, Police Station Arjuni, Tahsil and District Dhamtari (C.G.). National Insurance Company Limited Branch Office Mobin Mahal G.E. Road Raipur (C.G.). MEMO OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT. 1988 A^--l__. ^ 11 9 fflGH COURT OF CIfflATTISGARH AT BILASPUR &B: Hon'ble Shri Prashant Kumar Mishra M.A (C} No. 998/2007 APPELLANT : Awadhram Versus RESPONDENTS : Dayaluram and others Appearance: Shri P.P. Sahu, counsel for the appellant. Shri Dashrath Gupta, counsel for respondent No.3. MEMO OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACTJ988 ORAL ORDER (28.06.2011) Heard on I.A. No.l for condonation of delay in filing the appeal. (2) On due consideration, the delay in filing the appeal is condoned. (3) Learned counsel for the appellant is heard on admission. (4) This is an appeal for enhancement ofthe award amount. The tribunal has awarded compensation ofRs.33,500/- along with interest @ 6% per annum on account of injuries sutYered by the appellant in the accident which took place on 1/10/2005. (5) The appellant vvas admitted in tlie hospital from 1/10/2005 to 5/10/2005 for treatment ofthe fracture ofleft ankle. Dr. Iqbal Paivej has issued a certificate certifying 200/o permanent disability, however ^ lthe said Dr. Parvej is not a member of Medical Board nor fhe •r^ • certificate has been issued by the District Medical Board. f€^'% I § '^^ v •.,^^^ -^ (6) In the above circumstances, the tribunal has rightly found that the certificate issued by the Dr. Pan7ej is not reliable to hold that the appellant suffers from permanent disability as there is no scientific basis for the same in the absence of examination of the treating physician. (7) Since the certificate of permanent disability has been found to be unreliable, in the opinion ofthis court the amount ofRs.25jOO/- awarded by the tribunal for loss of income is adequate and just compensation. No further enhancement on the said amount is possible in the facts and circumstances ofthe case. (8) Accordingly, the appeal is dismissed. y\\ Sd/- Prashant Kumar Mishra Judge '\i.