Permanent disability assessment must consider all medical evidence presented, irrespective of its source.

1. Heard on IA No. 1 of 2017, application for permission to exhibit the photographs and disability certificate issued by the Medical Board.

2. For the reasons assigned in the application, it is allowed. Disability certificate issued by the Medical Board is taken on record.

3. This appeal filed by the claimant - appellant arises out of the award dated 15.6.2009 passed by the Third Additional Motor Accidents Claims Tribunal, Raigarh (henceforth 'the Claims Tribunal') in the Claim Case No. 44 of 2007 whereby in an injury case compensation of Rs. 4,89,780 has been awarded to the claimant - appellant herein.

4. Facts of the case in brief are that on 6.7.2005 in the morning claimant - appellant was going to Panchgaon (Odisha) from Ka - bir Chowk, Raigarh and when he reached near Netanagar - Bhatenpali, the offending vehicle (truck) bearing registration No. HR 29 - P 4937, being driven by respondent No. 1 herein in a rash and negligent manner, came from the opposite direction and gave dash to the motor cycle of the claimant as a result of which his right leg was crushed. Report of the said accident was lodged with the concerned police station with brief narration as to how the accident had taken place. A claim case was filed by the claimant - appellant claiming compensation to the tune of Rs. 59,40,000 under various heads, inter alia, pleading that after the accident, he was taken to K.G.H. Hospital, Raipur, from where he was referred to Khemka Hospital at Raipur for better treatment. Looking to the seriousness of injury, claimant was referred to Bombay Hospital, Bombay where a rod has been inserted in his right leg after many surgeries. It has been further mentioned that due to the accident, the entire life of the claimant had been ruined as he had become permanently disabled. Therefore, the respondents are jointly and severally liable to pay the amount of compensation to the claimant - appellant herein.

5. Respondent No. 3, insurance company, contested the claim case and denied its liability on the ground that the driver of the offending vehicle was not having a valid and effective driving licence to drive the said vehicle and thus there was breach of insurance policy and, therefore, the insurance company is not liable to pay any compensation.

6. The Claims Tribunal by the impugned award has awarded a compensation of Rs. 4,89,780 to the appellant under various heads such as medical expenses, loss of income and pain and suffering. It is this award which has been challenged by the appellant in this appeal.

7. Counsel for the appellant submits that:

The Claims Tribunal erred in law in awarding very negligible compensation for the injuries sustained by the claimant;

No amount has been granted under the heads of 'future treatment', 'loss of income during treatment', etc. Even the sum awarded under the head 'pain and suffering' is also on the lower side;

The treating doctor has categorically deposed that the claimant has suffered permanent disability to the extent of 50 per cent and there is nothing on record to discard his testimony. Even as per disability certificate dated 15.3.2010 issued by the Medical Board, District Raigarh, the claimant has suffered 40 per cent physical disablement and his condition is not likely to improve. However, nothing has been awarded by the Claims Tribunal under the head of permanent disablement while awarding the compensation and, therefore, impugned award passed by the Tribunal is liable to be modified awarding just and reasonable compensation;

Interest awarded at the rate of 7 per cent per annum from the date of application till payment is a