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2007 Supreme(All) 748

AMITAVA LALA, PANKAJ MITHAL
ORIENTAL INSURANCE COMPANY LTD. – Appellant
Versus
SURENDRA UMRAO – Respondent


Advocates Appeared:
AWADESH KUMAR DUTTA, Ram Singh, RAVI SAHU, S.C.SRIVASTAVA

AMITAVA LALA, J, J.

( 1 ) THE appeal has been preferred by the insurance Company on two grounds. Firstly, as per the evidence of the doctor pain and injury is ordinary in nature i. e. fracture on the right palm and injuries on the neck and knee. But, he was declared as 50% disabled on the basis of the disability certificate. The disability certificate was not proved through the Doctor/s issued the same. Secondly, calculation of the award is not at par with the schedule II under Section 163-A of the Motor vehicles Act, 1988.

( 2 ) THE appeal was heard on informal papers upon issuance of the notice to the caveator/claimant/respondent No. 1, both the parties agreed hearing on such terms.

( 3 ) LEARNED Counsel appearing for the respondents contended that in view of the judgment of Rajasthan High Court in the case of Rajasthan State Transport Corporation and another v. Devilal and others, thecertificate issued by the medical team is a public document, therefore, there is no necessity of examining the witness.

( 4 ) ACCORDING tous, although the judgment of the Rajasthan High Court Rajasthan State transport Corporation and another (supra) in a single Bench Judgment which only have persuasi







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