Appeal against motor accident compensation award enhanced. Court allowed appeal, directing payment of Rs. 30,000 in addition to the Tribunal's award, despite absence of District Medical Board certificate.
Allowed appeal; directed payment of Rs. 30,000 in addition to the Tribunal's award, carrying interest at the same rate as the impugned award.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 39 of 2007
Smt. Bimla Bai Sahu, W/o. Lachhan Ram Sahu, aged about 45 years, R/o. Village Kalartaria, Post Kharenga, Tahsil and District Dhamtari, Chhattisgarh
---- Appellant
Versus
----Respondents
For Appellant : Smt. Indira Tripathi, Advocate For Respondent No.3 : Ms. Chitra Shrivastava, Advocate
Hon'ble Shri Justice P. Sam Koshy Order on Board
15/09/2017
2
competent medical board and that it is issued by private Doctor who is said to have only treated the appellant, which may not be sufficient to be accepted as proper disability certificate. She further submits that in absence of any proper disability certificate the amount of compensation awarded by the Tribunal is just and reasonable and the appeal thus deserves to be rejected.
Sd/- (P. Sam Koshy) Judge
Ved
2 issues framed by the court
Whether the compensation awarded by the Tribunal is adequate given the appellant's 35% permanent disability.
Whether reliance on a private doctor's certificate negates the entitlement to enhanced compensation.
1 provisions across 1 enactments
Smt. Bimla Bai Sahu
Janaklal
Chotelal
The New India Insurance Company Limited
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
