- (1.) While travelling in a Tata Sumo, the claimant was injured on account of an accident that occurred on the basis of rash and negligent driving on the part of the driver. The claimant filed a claim petition, which was allowed in part and a sum of Rs. 39,454/- was awarded. The appellant being aggrieved filed the present appeal for enhancement of compensation.
(2.) From a perusal of the award, we find that the claimant had filed a disability certificate issued by the Chief Medical Officer which also contained the signatures of the other members of the Board, who examined the claimant and found that he has a permanent disability of 40%. This certificate was rejected by the Tribunal on the ground that the same has not been proved by production of any witness, namely, by a doctor.
(3.) We are of the opinion that a certificate issued by a Chief Medical Officer, being a public document, is not required to be proved as per the Section 74 and 77 of the Evidence Act. The contents of a public document is proved by production of a certified copy under Section 77 of the Evidence Act.;