^^ \ov -<.;: HIGH COURT OF CHHATTISGARH AT BILASPUR Single^ench : Hon'ble Shri Dilip Raosaheb Deshmukh. J. Appeltant Respondents Miscellaneous Appeal (c) No.1009/2007 Bholaram S/o Sukhram Gond, Aged abput 40 years, R/o VUIage Bazarkurredeehe, Tahsil Nagri, District Dhamtari (C.G.) Versus 1. Balbeer Singh.S/o Hari Singh, Aged about38yeare. 2. Dhaniram S/o Parasram Netam, Aged about32 years. Both R/o Village Kukrel, Tehsil Nagri, District Dhamtari. ! 3. The Oriental Insurance' Company Limited, Aadersh Bal Mandir Road, Behind Amar Talkies, Dhamtari, District-Dhamtari (C.G.) Misc. Appeal underSection 173 ofthe MotorVehicles Act Present : Shri Vivek Shrivastava, eounsel for the appellant. No one appears on behalf of the respondents. ORALORDER (Passed on 07thMarch, 2008) The appellant isaggrieved by an award dated 28th of Mareh, 2007 passed by the Additional Motor Accidents Claims Tribunal, Dhamtari (henceforth "the MACT") in Ctaim Case No.115/2006 (Old No.513/2Q04) whereby compensation of Rs.25,000/- was awarded in an injury case. (2) Learned counsel for the appellant submitted that the MACT ought to have considered the tesUmony of Dr. V. K. Pandey, who had issued ttie certificate of 20% permanent disabitity and should have awarded compensation under the head of "loss of eaming". No other ground was urged. •^ Tumane .h-. <.•' •z- N!; (3) Having considered the submission of leamed counsel for the appellant, 1 have perused the record. The claimant did not flle any papers of treatment taken by him after the accident in the hospHal at Korar at Dhamtari or Kurud. Treating Doctore were not examjned. The disability certificate was issuedbyDoctorV.K.Pandey,whoadmitted that he never treated the claimant who had come to him, merely for obtaining certtfiGate two years after the accident. (4) The MACT has given pogent reasons for discarding the testimony of Dr. V. K. Pandey and for awarding compensation ofRs.25,000/- in a caseofinjurysufFeredbytheclaimant. i (5) NogroundforenhancementofcompeRsationismadeout. (6) In the result, the appeal being devoid of merit is dlsmissed. Sd/- DUip Raosaheb Deshmukh ? ' [ 'r I