gm“ Banch \ if r ’ iwisian Be a IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH M. A. No. W 0 /2006 APPELLANT Claimant Shankar lal S/ o— Sundal lal Joshi "fAged about 21 years, R/ o— Village- Salheyvarpara Dhamtari, Tahsil and District —Dhamtari (C.G.) VERSUS Narendra Singh S/o— Gurucharan Singh Jaat, Aged about 4O years, R/ 0— Village Gangamandpara, Jagdalpur, ‘P.S.— Bodhghat, Distt— Bastar (C.G.) (Driver) Manager, " Chhattisgarh, Rajya Adhosanrachan 12 Vikas Nigam, Raipur (C.G.) (owner) v/ APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT FOR ENHANCEMENT OF THE AWARDE DATED 18/4/2006 \w/ i/ XI~HC-78 mm,m,%mgt mm ‘ .F;/\‘.4?r:m:&&m m 2006 mm (W) WWW wmm WWW Wnma‘fafwm %3T%waa1%-?T pccurred an 01.12.2001. The hospiTal aT DhamTari from GL12 is The discharge summary shl saffer'ed a spraih in The right ai‘ was defecfed. Affer a iapse o1 'wgm To Dr. V.K.Pnndey, on 16.0‘ Ex.P.31 showing 10% permcxm appellant Dr. V.K.Pandey admiT ThaT from The daTe of awardii came fa him far Treatment. O4,1£.2Q0é Appenanf by 5hri PushpenEr-a Kumm‘ PmeL Advoca+e. Heard ‘on admission. The only poinf urged by fh ‘e learned counsel for fhe appellanf in This appeal is that The lemme Motor Accideni's Claims Tribunai, Dhamfari while awarding com enscfion of R5.8>,OOO/- fa fhe ciaimanf/appeiianf vide award «fed 18.04.2006 passed in Ciaim Case No.383 of 2004, faiied 1‘0 fake into ccnsideraiion fhe fésfimony cf Dr. V‘KPandey', w a was examined by fhe appeiicm. No ofher- ground wa§ urged. ' L Having heard the submis on of fhe iecr‘ned caunsel far- The appellant I have perused The f sfimony of Dr. V.K.Pandey as aisc The cerTificaTe Ex.P.7 filed by The appellant The accidenT had laimanT was admiTTed in ChrisTian r2001 Tc 05.12.2001. Ex.P.7 which ms ThaT The claimanT had only lkle and upon X~my no abnarmaliTy r more Than 4 year's. The olaimanT b.2005 and obTained a cerTifioaTe EnT disabiliTy suffered by The Ted This facT in cross—examinaTion i9 cerTificaTe The claimanT never. . On These premises, The learnedJ/“’ ?1 XI-HC-78 Wm Q m 200 WW(W) WWW‘ WWW Hp‘ Wwm WW§WWA éQWW car‘fificafe {af Dr. V.K.Pandey and ,OGO/- on {he basis of medical I cer‘rificm'e EXP] which reveale ’1? ‘ v ’ ,L‘ V y \ .# K MALT. refuséd fa rely on'fhe awarded compensuiion m‘ Rs£ oniy a simple sprain §n fhe righ? ¢ M.A.C.T. cannof be faulfed wifh. This appeal being devoid of admission. d fhaf fhe .ciaimanf had suffered mkle dug fa The accident In View of The above, ihe award passed by the iearned of merif is dismissed a? fhe sfage Sd—/ Dilip Raosaheb Deshmukh Judge r P.T.O.