IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU M.A.C.M.A.NO.3121 OF 2007 Between : Gurrum Venkateswarlu @ Venkateswara Rao ...PETITIONER A N D E.Subbarangaiah @ Subramanyam and another …RESPONDENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU M.A.C.M.A.NO.3121 OF 2007 JUDGMENT: Aggrieved by quantum of compensation awarded by the Motor Accident Claims Tribunal-cum-II Additional District Judge, Kadapa at Proddatur in M.V.O.P.No.57 of 2004 by award dated 20.09.2007, the injured filed this appeal. There is no appeal filed by the insurance company or owner of the accident vehicle questioning findings of the lower Tribunal. 2. In support of injuries sustained by him, the injured / appellant let in medical evidence by way of Ex.A.13 wound certificate with details of injuries sustained by him and opinion of the Doctor. The Doctor originally opined the injury covered by Ex.A.13 namely., laceration on the right pinna as simple injury. The injured also filed several X-rays, C.T.Scan report and prescriptions along with Ex.A.21 disability certificate. The lower Tribunal awarded compensation of Rs.50,000/- to the injured. The lower Tribunal noticed that the injured underwent treatment in a private nursing home at Kurnool as per Ex.A.19. The injured was in-patient in Neuro Surgery Department from 04-09-2002 to 24-09-2002 for fracture of odomtoid. It is a spinal injury. The lower Tribunal did not place much reliance on Ex.A.21 disability certificate. But, in Rajesh Kumar Alias Raju V. Yudhvir Singh and another[1] the Supreme Court held that, unless author of the certificate is examined, the certificate is not admissible in evidence. It was a decision rendered while evaluating the evidence relating to disability certificate issued by a Civil Surgeon of the Hospital. It is contended by the appellant’s counsel that in the present case Ex.A.21 disability certificate was issued by the District Medical Board, Kurnool and that therefore, the above rendered decision relating to disability certificate issued by a single Doctor may not be applicable herein. In my opinion Rajesh Kumar (supra) is applicable in respect of any disability certificate whether issued by a single Medical Officer or the Medical Board. The injured has to examine at least one of the Doctors of the Medical Board pertaining to the branch, which relates to injuries sustained by him in this accident. Since Rajesh Kumar (supra) was referred by the Supreme Court in the year 2008, subsequent to the lower Tribunal passed the award under appeal, I am of the opinion that another opportunity has to be given to the injured to prove Ex.A.21 disability certificate, in order to substantiate percentage of the disability with reasons therefor. The petitioner is also at liberty to examine Doctors from private hospitals where he had received treatment. 3. In the result, the appeal is allowed without costs, remanding the matter to the lower Tribunal for fresh disposal according to law and giving opportunity to both the parties to lead evidence. __________________________________ SAMUDRALA GOVINDARAJULU, J NOVEMBER 23, 2010 YVL [1] (2008) 7 Supreme Court Cases 305