- (1.) THIS appeal is directed against the judgment and award dated 21st February, 2007 passed by Addl. Claim Tribunal, Hazaribagh in Claim Case No. 43 of 2000 whereby he has awarded a total compensation of Rs. 61,912/-for the injury sustained by the claimant in a motor vehicle accident.
(2.) THE facts of the case lie in a narrow compass:-On 13th December, 1999 the appellant was coming to Hazaribag on a commander jeep bearing registration No. BR 13p 1101 alongwith other passengers. lt was alleged that the driver of the jeep was driving the vehicle rashly and negligently due to which the jeep fell down in a ditch and many passengers have sustained injuries. The claimant's case is that because of the grievous injury, he was hospitalized and thereafter he was treated by the doctors for the fracture of his leg and also other injuries. The claim was contested by the appellant and the respondent-owner by filing written statement. In support of the injuries and the treatment the claimants filed series of documents before the Claims Tribunal who after considering the evidence both oral and documentary recorded his evidence in paragraph 9 of the judgment holding that the claimant became permanently disabled to the extent of 60%. For better appreciation paragraph 9 of the judgment is reproduced herein below: "issue No: V: The claimant has stated in his claim petition that due to this accident, he received serious injury and firstly got treatment at sadar hospital, H. Bag and later on got advance treatment in the nursing home of Dr. B. Mukopaddya at patna on which he has to spend huge amount but even then due to this accident, he became permanently disabled to the extent of 60%. The learned lawyer for the claimant submits that CW3 - Dr. A. K. Sinha, C. W. 6 -Dr. V. Shankar and CW7 Dr. Anid examined on behalf of claimant has proved the injury repot and physical handicapped certificate issued by Medical Board of sadar hospital, H. Bag and all these witnesses have clearly supported the claimant's story of injury, treatment and permanent disability due to this accident. In reply, the learned lawyerforthe O. Ps. submits that claimant has not been able to prove that due to accident, he received injury and became permanent disabled to the extent of 60%, as such claimant is not entitled to get any compensation in this case. I carefully examined evidence of C. W. 3 (Dr. A. K. Sinha)doctor of sadar hospital, H. Bag who had firstly treated the injured on 13th december, 1999 just after the accident. From the perusal of his evidence, it appears that he had found 5 injuries on the person of the injured out of which two were grievous in nature as there was fracture of fumer and as such he referred the patient for advance treatment at patna. He has proved his injury report, which is Ext. 1 and 1/a on behalf of claimant. In this context, I also gone through the evidence of Dr. V. Shankar and Dr. Anid, who have proved their signature on the disability certificate (Ext. 2), so it is clear that claimant due to this accident received injury and for which he got his treatment firstly at sadar hospital, H. Bag and later on nursing home of Mukopaddya at Patna and lastly became permanently disabled to the extent of 60%, so issue No. V is being decided in favour of claimant.
(3.) MR. Alok Lal, learned Counsel appearing for the respondent-Insurance Company at the very outset submitted that all the medical evidence regarding treatment and accident were not proved in support of the case that the claimant became permanently disabled to the extent of 60%.;