MADHU Vs. P SATHYANARAYANAN; UNITED INDIA INSURANCE CO , LTD

JUDGEMENT

(1.) The injured, in a road accident, aggrieved by the quantum of compensation awarded, directed this appeal.

(2.) On 13.11.2002, the appellant sustained injury in a road accident. With regard to the injury, as there was inconsistent evidence, the Tribunal disbelieved the medical evidence and concluded that it is a case of simple injury and granted only Rs.7,300/-. This conclusion of the Tribunal was mainly on the non-production of certain medical records. In the circumstances, CMP.No.20293 of 2005 has been filed under Order 41 Rule 27 of C.P.C. by the appellant seeking leave of the Court to receive those record as additional documents. Since they are required to pronounce judgment in this appeal, those Additional documents, namely, the Accident Register and the Discharge Summary are marked as Exs.P5 and 6 respectively.

(3.) The learned counsel for the appellant would contend that it is a clear case of grievous injury. The evidence adduced discloses that the appellant had sustained fracture. But, these aspects were not properly considered by the Tribunal and that has resulted in granting the appellant very very less compensation.