Bombay HC: Whether Motor accident claim tribunal can grant compensation under conventional heads if petitioner fails to prove permanent disability certificate?

 The disability certificate at Exh.77 is issued by Civil Surgeon. However, perusal of Exh.77 does not make it clear, as to whether that permanent disability is restricted to particular limb or not and the handwritten part of the same is giving three different injuries. Further, though that disability certificate is given by Civil Surgeon, who can be said to be the Government servant, yet said Civil Surgeon was not examined. In view of the decision in Rajesh Kumar vs. Raghuveer Singh, MANU/SC/7686/2008 : 2008 ACJ 2131 SC, Tribunal cannot accept disability certificate without examining the Doctor concerned. Under such circumstance the further evidence ought to have been led by the claimant that the said disability had affected his earning capacity. Mere statement by the claimant that he cannot perform work as before is not sufficient under such circumstance. However, that does not estop or preclude him from claiming compensation under other heads. Each of the Doctor has given the details of the treatment that was given to the claimant. He has undergone operations twice which required hospitalization. Under such circumstance, definitely case is made out to grant compensation under those conventional heads. The medical bills have been proved through these doctors as well as through PW 4 Sucheta Shah. Those bills which have been proved on record to the tune of Rs. 45,000/-. A statement has been made by the claimant that he has incurred medical expenses of more than Rs. 1,00,000/- but the documents are not supporting his statement. Therefore, whatever he is entitle to get reimbursement is to the tune of Rs. 45,000/-. Further, taking into consideration the fact that he has undergone two operations, he is entitle to get compensation of Rs. 40,000/- towards pains and sufferings. In all he was required to be hospitalized for about 15 days and therefore, he would have been looked after by somebody. Under such circumstance, under the head of attendance it would be just and proper to award amount of Rs. 10,000/- to him.

 IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

First Appeal No. 155 of 2017

Decided On: 26.06.2019

Girdhar Brijmohan Maru Vs. Vimal Lalchand Mutha and Ors.

Hon'ble Judges/Coram:

Vibha Kankanwadi, J.

Citation:  MANU/MH/1607/2019.

Read full judgment here: Click here.

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