(1.) This is a claimant's appeal against the judgment and award dated 22.7.2003 in Motor Accidents Claim Case No.112 of 2003 file of the 13th Motor Accidents Claims Tribunal, Indore.
(2.) The claimant-appellant sustained injuries including fracture of right hip and fracture of left ankle joint in a motor accident on 23.6.1998. The treatment required two surgeries also, one for insertion of a steel rod and another for its removal. He was hospitalized twice that is 7 days on the first occasion and 4 days on the second occasion. The appellant alleged that he is an agriculturist and also running a dairy, earning Rs. 5,000 per month and that on account of permanent disability, caused by the injuries, his earning has been affected. He has filed certificate issued by Dr. Sarda showing a permanent disability of the limb as 42 per cent. The claimant filed the said claim petition claiming compensation of Rs. 3,00,000.
(3.) The claimant was treated by Dr. Anil Kumar Jinsiwale. He did not say that there was permanent disability of 42 per cent. He only confirmed two fractures. On the other hand, Dr. Sarda who issued the certificate about disability and gave evidence, was not the doctor who treated claimant. After assessing the evidence, the Claims Tribunal passed a judgment and award determining the compensation as Rs. 45,000 with interest at 6 per cent per annum from the date of filing of documents. The sum of Rs. 45,000 is made up of the following heads: <FRM>JUDGEMENT_608_ACJ_2006Html1.htm</FRM>