Court No. - 32
Case :- FIRST APPEAL FROM ORDER No. - 681 of 2015 Appellant :- Udai Singh Respondent :- Satvindar Singh And Another Counsel for Appellant :- D.P.S. Chauhan Counsel for Respondent :- S.K. Mehrotra
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
List revised. None present on behalf of appellant.
Heard Sri S.K. Mehrotra, learned counsel appeared on behalf of the respondent no.2-The New India Insurance Company and perused the record.
This first appeal from order has been preferred against the judgement and order dated 2.4.2013 passed by Motor Accident Claim Tribunal/Additional District Judge, Court No.2, Kanpur Nagar in Motor Accident Claim Petition No.922 of 2010 (Udai Singh Vs. Satvindar and another).
According to the case of the claimant-appellant, the incident took place on 9th June, 2010 at about 4.30 P.M. when the claimant-appellant was returning to his village by cycle after distributing milk. A truck bearing registration No.UP-78 BN 4817 hit the cycle of claimant-appellant who fell down on the road and as a result he received injuries and his right leg was fractured. The injured was taken to the hospital and during the treatment his right leg was amputated. The truck in question was caught hold on the spot. The injured was aged about 28 years at the time of incident and from milk business, he was earning about Rs.20,000/- per month. He was the only earning member of his family and his family consist of his wife, four minor children, two sons and two daughters. Due to the injuries, he became completely disable and is not in a position to carry out the milk business.
Initially this claim petition has been filed by the claimant- appellant for claiming a sum of Rs.90,71,000/-.
Considering the evidence on record, the court below has recorded a finding that there was an overwriting in the disability certificate and different inks were used, which shows manipulation and it was found forged one. Further observation of the trial court was that it appears that disability certificate was prepared on 13th April, 2011 and according to the medical certificate issued by Dev Orthopaedic Centre, the right leg of injured was amputated during treatment between 8.7.2011 to 9.8.2011. Hence, medical papers were found forged. Since medical papers as well as disability certificate were not reliable, it was found by the court below that right leg of injured was not amputated in the instant accident and as such for medical expenses a sum of Rs.4000/- and for suffering due to accident a sum of Rs.5000/- was awarded by the court below.
Since the finding recorded by the court below is not against the evidence on record, and as such, it is not a fit case for interference and present appeal is devoid of merit and is liable to be dismissed.
The appeal is, accordingly, dismissed.
Order Date :- 27.2.2018 Ajeet