Sri Vidya Kant Shukla, learned counsel for the appellant and Sri S.K. Mehrotra, learned counsel for the claimant-respondent.
This appeal has been filed by the claimant being aggrieved of award dated 28.1.2020 passed by learned Motor Accident Claims Tribunal, Kanpur Nagar in MACP No. 724 of 2013 for an accident which took place in the year 2008.
Counsel for the appellant submits that despite probability of disability certified issued by Doctor from the office of Chief Medical Officer, Kanpur Nagar as is on record as document No. 43 Ga/15 certifing 50% disability in the left hip of the appellant no amount has been awarded under the head of future prospects and future treatment etc. It is also submitted that amount awarded under the head of pain and suffering is on the lower side and the claimant has not been awarded any amount under the head of attendant, nutritious diet etc. Sri Mehrotra submits that Dr. Avatar Singh who had issued disability certificate has been cross examined extensively and he has admitted that only a team of three doctors are authorise to issue disability certificate though it has also come on record that accident took place in the year 2008 whereas disability certificate was obtained on 16.3.2015. There is no supporting X-ray report or X-ray plate on record to substantiate the aspect of disability incurred by the claimant. It is further submitted that there is no co-relation between disability and the discharge card issued by the Hallet Hospital in asmuch as in the discharge card issued by Hallet Hospital there is mention of injury to the chest and femur bone, but there is no mention of any fracture in the left hipt. As per X-ray report extract of which has been reproduced in the discharge card, summary enclosed with the original record as Document 43-Ga/4. There is mention of fracture of rib extending from 5th to 8th rib with no air. There is no mention of any fracture in the left hip. Even in the operative finding, an operation performed, it is mentioned that there is inter postal numb on the left side. There is no mention of operation performed in the left hip. Therefore, prima facie the disability certificate issued by Dr. Avatar Singh appears to be issued in excess of his authority and for some ulterior consideration.
After hearing counsel for the parties and going through the record, it is apparent that Dr. Avatar Singh was not authorised to issue disability certificate independently and he has admitted that only a team of three doctors can issue such disability certificate. This act of Dr. Avatar Singh, Orthopedic Surgeon having registration No. 3177 is illegal and done with ulterior motive, therefore, the Registrar General is directed to refer this original disability certificate issued by Dr. Avatar Singh to the Additional Chief Secretary, Medical Health and Family Welfare to take cognizance of such certificate and initiate appropriate disciplinary action against Dr. Avatar Singh and if it is found he has exceeded his authority after affording opportunity of hearing to him then appropriate action be taken against him, as is provided under the Conduct Rules or Service Rules. Therefore, it is apparent that claimant has failed to prove his disability through any cogent documentary or oral evidence and therefore no addition is required under the head of disability.
As far as pain and suffering are concerned, it is documented proof that in the accident claimant had sustained fracture of rib as reproduced above, therefore, in place of Rs. 5000/- a sum of Rs. 25000/- is awarded for pain and suffering. Similarly under the head of loss of amenities Rs. 5000/- has been awarded which is enhanced to Rs. 15,000/-- which shall include loss amenities as well as expenses on nutritious diet. Therefore, there will be total enhancement of Rs. 35,000/- to which claimant will be entitled, in addition to the amount awarded by the learned Claims Tribunal. This enhanced amount will also carry interest at the rate of 7% from the date of filing of the claim petition.
In above terms, the appeal is disposed of.
Order Date :- 19.1.2021 S.K.S.