The main legal point established in the judgment is the admissibility and proof of the Disability Certificate, the assessment of permanent disability, and the entitlement to compensation under the Motor Vehicles Act, 1988.

JUDGMENT :

M.G. Giratkar, J.

Both these appeals arise out a common judgment dated 12th January, 2012 passed by learned Member, Motor Accident Claims Tribunal, Akola, in Motor Accident Claim Petition No. 195 of 1991.

2. In First Appeal No. 306 of 2001, this Court by judgment dated 21st June, 2011, set aside the earlier judgment and award and remanded the matter back for a fresh trial.

3. After remanding the matter back by this Court, the petitioner-claimant examined PW - 2-Dr. Surajkumar Kuril and PW 3 - Dr. Chandu Thorat to prove the Disability Certificate.

4. The case of the claimant - Dr. Narayansingh Hazari, in short, is that he is a qualified surgeon having qualification of M.B.B.S., D.L.O [London] and F.R.C.S. He runs a private hospital by name "Hazari Nursing Home" at Aurangabad since 1978.

5. On the day of accident, i.e., in the night between 19th and 20th June, 1991, the claimant was travelling by a private Luxury Bus bearing Registration No. MH-20-A-2295 from Aurangabad to Nagpur. He was sitting on Seat No.7 at conductor side. At about 4.00 a.m., when the Luxury Bus was on National Highway No. 6, 45 kms., away from Amravati, the said bus gave dash to the truck bearing registration No. MTV-2860, which was parked by the side of the road. Due to heavy dash, the front side of the bus was damaged. The claimant sustained severe injuries to his left leg. His left leg was fractured. As per the contention of the claimant, the driver of the Luxury Bus was rash and negligent while driving the said bus. The stationary truck bearing Registration No. MTV-2860 was parked by the side of the road. Due to rash and negligent driving by the driver of the Luxury Bus, the accident took place. The claimant was admitted in the hospital of Dr. Kulkarni at Amravati. Subsequently, he was shifted to Jaslok Hospital, Mumbai, on 21st June, 1991. He was an indoor patient in Jaslok Hospital till 26th July, 1991. He was operated for more than one occasion. Thereafter, he was advised bed rest for three months. He was required to take further treatment till February, 1992. Because of the accident, the claimant sustained thirty per cent permanent disability. His monthly average income was Rs. 55,000/- to Rs.60,000/-. Because of the disability, he could not perform surgeries and other functions as before the accident. That has resulted in financial losses. The claimant prayed for grant of compensation of Rs.43,00,000-00. The Motor Accident Claims Tribunal passed the judgment on 17th January, 2003 and granted compensation of Rs. 34,00,000/-, directing the owner and Insurance Company of the Luxury Bus to pay the same along with interest at the rate of nine per cent per annum excluding the period from 18.04.1994 to 06.09.2001. The said judgment was challenged in First Appeal No. 306 of 2001 before this Court. This Court came to the conclusion that the Disability Certificate was not proved by examining the concerned doctor and, therefore, the matter was remanded back.

6. After the remand, the Disability Certificate came to be proved by examining Pws 2 and 3, i.e., Dr. Surajkumar Kuril and Dr. Chandu Thorat respectively. The learned Member of the Motor Accident Claims Tribunal, Akola, recorded its finding that the petitioner-claimant has sustained thirty per cent permanent disability and granted compensation of Rs.19,85,000/- without any interest. First Appeal No. 613 of 2012 is filed by the claimant - Dr. Narayansingh for enhancement of compensation and for grant of interest from the date of petition till the realization of whole amount.

7. The Oriental Insurance Company filed First Appeal No. 926 of 2017 praying to quash and set aside the impugned judgment.

8. Heard learned Adv. Shri D.N. Kukday for the Oriental Insurance Company. He has submitted that the doctor, who issued the Certificate, was not examined and, therefore, the Disability Certificate [Exh.50] is not proved. Learned Adv. has submitted that the claimant is fully recovered and there is no loss of incom