Document Fragment View

Matching Fragments

Accordingly, he went to the United States and had his treatment there. The Head of the Neurosurgery Department of Trivandrum Medical College Hospital gave a Disability Certificate assessing loss of 60% vision in the left eye and 50% hearing in the left ear. He also opined that dislocation of the right hip was permanent. Bringing all these factors in his claim petition, he made a claim of Rs.5,06,091/-.

The Tribunal was of the view that the claim towards the travelling expenses to New York and Medical expenses in the Hospital at New York and medical expenses in the Hospital at New York and Medical expenses in the Hospital at New York, cannot be allowed as there was no record to show that the facilities were not available in India for such treatment. The Tribunal after referring to the Disability Certificate given by the Head of the Neurosurgery Department and other factors, awarded the compensation in a sum of Rs.1,76,000/-.

Contending contrary, learned counsel for the respondent-corporation submitted that the High Court has correctly appreciated the evidence and the High Court has factually found that the Award of Rs. 1,76,000/- was on the higher side. He also invited our attention to the oral evidence of the Doctor, who gave the Disability Certificate.

After going through the Award of the Tribunal and the judgment of the High Court, we are of the view that the appellant was not given the just compensation on the facts of the case, to which he was entitled to. The Disability Certificate was not totally accepted by the High Court only on the ground that the Doctor, who gave the Certificate, has no authority to give such a Disability Certificate in respect of vision in the left eye and loss of hearing in the left ear. We have perused he evidence of the Doctor, who gave the Disability Certificate, and he has asserted in the evidence as follows:-

" Before I issued this certificate Ext. A22 I saw the report of neurologist of the M.C.H. The respective departments will send their reports. I referred the patient to opthalmic hospital and ENT specialist, M.C.H., Trivandrum.
ENT must have seen it. Audeometry was done to him. I did not examine his vision. Ophthalmologist examined his vision. He had lot of problem. Mainly Deplopia. Regarding the nature of deplopea only the Ophthalmic surgeon can explain Audiometry was done and a report was given by ENT department. when I treat a patient, I alone will issue a disability certificate. Other departments will issue reports about the treatment made by them. I have not seen any disability certificate issued by the other departments. As head to he treating unit the Neurologist can issue disability certificate. There is in 60% loss of hearing in one ear.