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2005 Supreme(SC) 1698

D.M.DHARMADHIKARI, H.K.SEMA
A. P. S. R. T. C. – Appellant
Versus
P. Thirupal Reddy – Respondent


JUDGMENT :

D.M. Dharmadhikari, J.

Leave granted.

2. Heard learned counsel for the parties.

3. This appeal has been preferred by Andhra Pradesh State Road Transport Corporation, which was the owner of the bus involved in the accident, against the enhancement of compensation awarded for injury to the claimant - respondent. In a joint trial of Claim Petition filed by the scooterist and the pillion rider (the present respondent), the Claims Tribunal estimated the disability caused by injury to the pillion rider at 15 per cent and awarded a sum of Rs. 34,552/- as compensation with 12 per cent interest payable thereon. The Tribunal did not rely on the medical certificate of Dr. Sudhakar Reddy in which the physical disability was 45 per cent. The reason for rejecting the medical certificate was that Dr. Sudhakar Reddy was not examined in support of the certificate issued by him.

4. The High Court in appeal, however, placing reliance on the disability certificate issued by Dr. Sudhakar Reddy enhanced the quantum of compensation and awarded a sum of Rs. 1,53,867/-(one lac, fifty three thousand and eight hundred and sixty seven only) which has been challenged in this appeal.

5. Learned counsel for

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