was applied to the fracture or at the hospital where he was first treated. He had admitted that after the accident he had stayed in his home for one month and thereafter he went to Patna. He further admitted that after the accident, his driving licence had expired and he had got the same renewed. The Doctor (PW-2) had admitted in his cross-examination that without treatment for one month, the patient would not be able to stay. On perusal of the impugned judgment it is seen that the learned Commissioner had referred to materials Ext.1 to 9 being X-Ray plate. However, none of those X-ray plates are available on record There is no order in the order-sheet about the return of the X-ray plates to the respondent No.1. The learned Commissioner had recorded that the medical board had advised for fresh X-ray and the same is found to be marked as Ext.111 in the order. However, the said exhibit is also not available on record. It appears to be very strange that the Doctor’s prescriptions marked as Ext.4 to 17, which indicates medical reports issued by doctors/ hospital at Patna where the respondents No.1 was treated, being Ext.7, 9, 10, 11, 12, 13, 14, 15, 16 and 17, it is seen that none of the documents contain any discharge slip from the hospital and none of the medical documents reflected any note from the doctor indicating that there was any shortening of the right leg and almost on all the documents it is mentioned that there was a fracture in right femur with K-nail done at Patna. There is no note by any doctor that the respondent No.1 was operated upon for removal of any bone part which can lead to the shortening of the leg. It is not even the pleaded case of respondent No.1 that due to the injuries suffered there was any shortening of the right leg of the respondent No.1. Under the circumstances, the opinion of the medical board that there was shortening of the right leg by 1 (one) inch cannot be co-related to the accident of the respondent No.1, which he had suffered on 09.01.2005.
