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PAPPU DEO YADAV – Appellant
Versus
NARESH KUMAR – Respondent
The principle that the award can be granted without a disability certificate is reflected in the reasoning that the court considers the actual injury and its impact on the victim, rather than solely relying on formal certification. The judgment emphasizes that medical evidence, expert opinions, and the circumstances of the injury are sufficient to assess the extent of disability and resultant compensation, even when a formal disability certificate is not produced (!) .
Furthermore, it is noted that the assessment of disability should be realistic and based on the functional impairment caused by the injury, which can be established through medical reports and other relevant evidence. This approach ensures that the victim's right to compensation is not denied solely due to the absence of a formal certificate (!) .
In summary, the judgment underscores that the absence of a disability certificate does not bar the court from awarding compensation if the injury and its effects are adequately demonstrated through medical and factual evidence (!) .
JUDGMENT
S. Ravindra Bhat, J.
The appellant questions a decision of the High Court of Delhi 1[dated 13.09.2018, in M.A.C. APP. 520/2016]. On 18.05.2012, the appellant was injured in a motor accident while travelling to Hapur as a passenger in a bus, having paid the requisite fare. At about 1.30 pm when the bus reached village Sadikpur, PS-Hafizpur, Hapur, Uttar Pradesh, the driver of the offending bus (the first respondent) sought to overtake the bus in which the appellant was travelling, from the wrong side, and zipped the appellant's bus, scratching it. This rash and negligent act caused a dent in the bus where the appellant was seated, as a result of which he suffered injuries. The appellant was removed to Dr. Khan's Rehan hospital and thereafter, AIIMS Trauma Center. The appellant claimed compensation, impleading the owner, the driver of the vehicle, and the insurer. During the course of proceedings before the Motor Accident Claims Tribunal, he applied for ascertainment of his disability. The disability report (Ex. PW-l/9 dated 01.04.2014 issued by Pandit Madan Mohan Malviya
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