In motor accident claims, compensation for injuries cannot be awarded solely based on a medical certificate without proper evidence. Oral testimony from a qualified medical expert is necessary to establish the nature, extent, and consequences of the injuries sustained by the claimant.

1. This appeal is directed against a Judgment dated 14-1-93 passed by the learned Motor Accident Claims Tribunal, Jammu in Claim petition No. 243 of 1988; Cheman Lal Vs. Union of India & Ors. Whereby an award of Rs. 52,500/- with interest @ 12% per annum has been passed against the appellants herein,in favor of the respondent Cheman Lal. The Claim petition arose out of an accident which occurred on 29-6-88 at a place called Fungi Morh 17 KMs away from Akhnoor on Akhnoor-Nowshera road while the respondent, who was an employee of the Military Engineering service was travailing in Vehicle No. ZD-60885 belonging to Unit-862-EWS C/o 56 APO. The allegation of the respondents in the claim petition was that the accident occurred because of rashness and negligence on the part of driver Kali Ram driving the aforesaid army vehicle and that as a result of this accident, whereas one other person died, the respondent sustained some serious injuries. The appellants herein controverted the allegation of the respondent regarding the rashness and negligence of the driver in causing the accident. They also denied liability to pay any compensation.

2. On the pleadings of the parties, the following three issues were framed by the Tribunal vide its order dated 8-1-1990: -

"1. Whether on 29-6-88 at distance of 17 KM from Akhnoor towards Rajouri on the Akhnoor-Rajouri road respondent No. 3 while driving army vehicle No. 7060885 owned by respondent No. 1, rashly and negligently caused accident resulting into injuries which caused permanent disablement to both the legs of the petitioner? OPP.

2. In case issue No. 1 is proved in affirmative, what amount of compensation the petitioner is entitled to get and from whom? OPP

3. Relief?"

3. Since one person had died in this accident who was also travelling in the same Vehicle. His legal representatives had filed claim petition entitled Shanti Devi and Ors Vs. Union of India & Ors out of which CIMA No. 165/91 was filed in this Court, because in that case also, the Tribunal has passed an award against the appellant on 17-9-1991.

4. Vide my separate Judgment in that appeal, I have upheld the finding of the Tribunal on issue No. 1. Because the accident in question was the same, the finding of this Court on issue No. 1 in that appeal shall automatically govern the result of this appeal as well in so far as the finding on issue No. 1 herein is also concerned. (The office shall keep a copy of Judgment in CIMA No. 165 of 1991 on record of this case as well). That now takes us to issue No. 2 which relates to the compensation awarded by the Tribunal in favor of the respondent. As noticed the Tribunal has awarded in all an amount of Rs. 52,500/- as compensation in favor of the respondent under various heads. Whereas an amount of Rs. 12,500/- has been awarded for pain and suffering, Rs. 15,000/- has been awardedfor permanent disablement and loss of future amenities. Rupees 5,000/- have been awarded by the Tribunal towards medical and incidental expenses. Lastly, an amount of Rs, 20,000/- was awarded towards compensation for future loss of income. All these sub-claims thus totaled upto Rs. 52,500/-

5. On what basis did the Tribunal award the above referred various claims in favor of the respondent? Let us examine the entire evidence and the material available to the Tribunal which could have formed the basis for its determining the amount of compensation, which it found was due to the respondent. A careful scanning of the file and the record shows that the only evidence available to the Tribunal for determining the quantum and amount of compensation was the photo copy of a certificate dated 20-11-92 issued by one Dr. Ashok Dhar, Registrar, Orthopedic Unit-III SMGS Hospital, Jammu. This certificate reads as under: -

" Certified that Mr. Cheman Lal son of Shri Govind Ram R/o Nowshera was under treatment of O.U.III vide MRD No. 238439 dated 29-6-89. The patient has developed knees biffness (ROMP 80 degree) shortening of right LL, b

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