cs (CSalmant) G! SARM Nirmalkar, S/o Prakash Nirmalkar, aged about 19 yrs., R/o Dhobipara Bramahanpsra Raipur, Distt. Raipur (C.G.) Gokui Baghel @ Vikas Baghel, S/o Shri Laxman Baghel, R/o Katibadi Distt. Raipur(C.G.) 2 Ramesh Kumar Sachdeo, S/o Shri Narayan Das Sachdeo, R/o Katibadi Chowk Raipur, Distt. Raipur (C.G.) 3 Branch Manager, United India Insurance Co. Ltd., Krishna Kachahari Chowk, Raipur (C.G.) iRi: Shri S.C. Verma, counsel for the appeilant. Shri Dashrath Gupta, counsel for respondent No.3. ?th The following order of the Court was passed by Learned counsel for the parties are heard on M.(C).P. Np.688/2006, a petition for condonation of the delay in filing the 2) On due consideration of the submissions of learned counsel for the parties and the arounds taken in the aDplication, we are satisfied that the appellant has succeeded in showinj sufficient cause for the detay in fiiing the appeal. 3. M.(C).P.No.688/2006, therefore, is aliowed and the delay in filing the appeal is hereby condonea'. 4. Shri S.C. Verma, learned counsei for the appeilant is heard on acimission. 5. Appeliant Bhupendra Nirmalkar is seeking enhancement of the compensation awarded by the 2" AdditiQnai Motor Accidents Claims Tribuna!, Raipur (for short 't^e Tribunal') vide award dated 17.10.2005, passed in Claim Case No.24/2005. As against the compensation of Rs.3,75,000/- claimed by the appellant/claimant by filing a ciaim .petition for the injuries sustained by him in the motor accident on 11.3.2004, the Tribunai awarded a total sum of Rs.4,000/- as compensation along with interest @ 6% per annum from the date of filing of the c!aim petition till the date of actual payment. 7. Shri S.C. Verma, iearned counse! for the appellant, vehsmently argued that the Tribunal has erred in awarding iow compensation of Rs.4,000/- on!y, though the appeilant / claimant sustained myltipie serious injuries including fractures in the motor accident resutting in permanent disability. 8. For the reasons best known to the appellant'claimant no doctor was examined before the Tribuna!. for establishing the nature of the injuries said to have been sustained by the '<& s»ate. e ^' .^ K^" y ••'•/ appeilant/claimant in the motor accident and the fact that those injuries resulted in any permanent disabiiity. 9. The question whether the medical certificate produced by the claimant before the Tribunai without examining the Doctor who Issued certificate can be relied upon as substantive evidence for the assessment of the compensation came up for consideration before the Apex Court in the case of A.P. SRTC v. ». Thirupa! Reddy, reported in was observed in para 6 as under: whereln it "S. After hearing learned counse! fdr the respondent- claimant who made an attempt to support the order of the High Court, we find that there was no justification for the High Court to rety on the dlsability certificate issued by Dr. Sudhakar Reddy and enhance the compensation by treating the injury as permanent disability to be 45 per cent. The High Coyrt cpmmitted aross error in overlook|ng_ the_facLihat Dr. Sudhakar Reddy's medica! certincate was _ reiected by the Tribunal for non- examinatlon pfthaLdoctor. The Tribunal has determined the physical disabiiity at 1 5 per cent on the basis of the deposition of Dr. K.M. Mitra and awarded a iust and fair compensation. The Hiah Court erred in disturbing the same and enhandng the compensation. Consequently, we a!low this appeal, set aside the impugned order and restore the award of the Claims Tribunal. The resDondent-claimant is allowed to wlthdraw the amount of compensation awarded by the Tribunal, if it has not alreadv been withdrawn." 10. The Apex Court in a recent dictum in the ease of Rajesh Kumar alias Raju v. Yudhvir Singh and another, reported in '~s> ^ ^ ^ '^.. ^ '"^'S»S!S!* padma ."T<,x 12. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 13. The appeal filed by the appeltant/claimant for enhancement of the compensation, therefore, is liabie to be dismissed and is hereby dismissed summarily. Sd/- T.P. Sharma Judge Chief Justice