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9. Now coming to the evidence led regarding the condition of the patient. The claimant has brought on record original certificate Ex. P-1067 issued by Dr. Tushar Arora, M.S. Ch. (Neurosurgery), Senior Consultant Neurosurgeon, Shrimann Superspeciality Hospital, Jalandhar who gave his opinion that the claimant Narinder Pal Singh is suffering from severe bilateral tinnitus with bilateral hearing loss with right sided 7th - 8th nerve complex vascular conflict, depression, headache, insomnia and diabetes, he had further stated 21 of 71 FAO-1923-2008 (O&M) & FAO-3500-2008 (O&M) that the claimant has consulted various Neurosurgeons in India and has got no relief in his symptoms. Another certificate Ex.P-1068 issued by Dr. Akshata Desai, MBBS MD(USA) DM eq(USA), Endocrinologist and Diabetologist, Apex Hospital, Jalandhar has been brought on record, vide which the doctor has opined that the claimant has been suffering from diabetes type II tinnitus, vertigo from many years since he met with a road traffic accident, which completely disrupts sleep and has had a negative impact on his blood sugar, blood pressure, weight and overall health. On the similar lines is the certificate issued by Dr. Karanbir Singh, MBBS MD(USA) DM (USA), Consultant Neurologist, Apex Hospital, Jalandhar which has been brought on record as Ex. P-1069. The said doctor has treated upon the claimant, wherein the occipital nerve i.e. first nerve of the brain of the claimant was blocked by injecting injections in brain and the prescription in this regards in Ex.P-1070. There is also a hearing evaluation report issued by PIMER, Chandigarh as Ex.P-1071, which depicts that claimant Narinder Pal Singh is suffering from complete hearing loss from both ears. The claimant has also brought his permanent disability certificate as Ex. P-1549, vide which the claimant Narinder Pal Singh has been certified to be 100% permanently disabled, being suffering from hearing impairment and the said disability has been assessed in the month of November, 2022. Ex. P-1550 is the certificate issued by the Professor and Head of ENT Department, Punjab Institute of Medical Sciences Hospital, Jalandhar, vide which it has been certified that both the ears of patient Narinder Pal Singh have been rendered dead and he cannot hear 22 of 71 FAO-1923-2008 (O&M) & FAO-3500-2008 (O&M) from both his ears. He has further mentioned that claimant's 7th - 8th nerve of the brain have been permanently damaged and the claimant Narinder Pal Singh is suffering from severe insomnia, depression, vertigo, headache and is highly diabetic. Apart from the certificates, several hundreds of medical record in the shape of OPD slips cum prescriptions slips showing visit and consultation to the doctors of the above said hospitals have been brought on record by the claimant, to prove that the claimant had in fact been visiting and consulting the doctors, issuing the certificates. The said condition of the claimant Narinder Pal Singh is also evident from copy of affidavit of Dr. Col. Harinder Singh, Head of ENT Department, Command Hospital, Chandi Mandir, Chandigarh as Ex. P-1696 and copy of affidavit of Dr. Pankaj Trivedi, Brain and Spine Surgeon, Jalandhar as Ex. P-1697, which pertain to their evidence recorded during the pendency of the claim application averring that medical treatment is available and possible from USA claimant injured requires advance treatment of brain and ears which is not possible in India.

10. Although the medical record has been assailed by the Learned Counsel for the respondent insurance company on the grounds that the medical evidence in shape of statement in the Court of doctors, issuing the certificates is missing in the present case as the claimant has failed to examine the doctor issuing the said certificates, but to my mind, merely because the claimant has not examined the doctors, it does not ipso facto establish that the medical record are not genuine. The certificates issued by the doctors have been duly corroborated with the OPD and prescription slips of the 23 of 71 FAO-1923-2008 (O&M) & FAO-3500-2008 (O&M) doctors which have been produced on record and runs into hundreds of page numbers. Also, the certificates have issued by doctors of leading hospitals i.e. PIMER, Chandigarh, PIMS Hospital, Jalandhar, Shrimann Hospital, Apex Hospital who possess high medical qualifications, duly corroborated by evidence of treating doctor of Command Hospital, Chandi Mandir, Chandigarh, Dr. Col. Harinder Singh, who was examined during the pendency of claim application. Thus, it is fully evident that the claimant has lost hearing in both his ears and is suffering from tinnitus in brain and both inner ears, vertigo, headache, insomnia and depression, diabetes etc. causing adverse effect on the health of the claimant.

11. As per "New Concise Medical Dictionary" by Gupta & Gupta, "Tinnitus is ringing, buzzing, whistling, hissing or other noise heard in silent environment. There is some element of hearing loss. Tolerance of tinnitus varies considerably from one person to another. Some may find it most untolerable. It is an unformed auditory hallucinations of sound. It is usually of whistling or pulsating nature accompanied with sensorineural deafness. Tinnitus may be associated with depression. Pharmacological treatment is ineffective". The claimant is constantly facing problem on which there is a continuous ringing voices in his brain and both inner years. This Court can well imagine the apathy and suffering of the claimant, which he is suffering since the date of accident i.e. 13.10.2002. There are no words even to describe the suffering and measure is immeasurable. The claimant has consulted a number of doctors including Neurologists and Otologists in Jalandhar, 24 of 71 FAO-1923-2008 (O&M) & FAO-3500-2008 (O&M) Durgapur (West Bengal), Ludhiana and Mumbai, however has found no solace and relief to his suffering and complications. The entire medical evidence is consistent with the fact that due to tinnitus in his brain and both inner years, the claimant is suffering from insomnia, depression, vertigo, high blood sugar level, high blood pressure. Thus it is evident that, due to the constant sound in his brain and both inner ears, the claimant is unable to sleep whole night and day which is required for a healthy human. The constant buzzing in ears, sound would not let the claimant sleep straight for even five minutes, as rightly stated by the claimant in his affidavit Ex. PW-7/A/1.

13. As regards the future medical treatment towards purchase of medicines and other medical expenditure, the claimant in his affidavit has claimed he is under constant medication. Several documents have been brought on record depicting the condition of the claimant. It is evident that due to multiple head injuries sustained in the road accident his hearing has been lost from both the ears and constant ringing and buzzing sound is appearing in the ears/brain of the claimant and an offshoot his both ears permanently dead and his seventh and eights nerves of the brain are permanently damaged after the accident, he has become highly diabetic, and is suffering from insomnia, depression, vertigo and headache and so many problems are creating day by day. The claimant is under daily requirement of medicines for his upkeep and as mentioned by the Dr. Akshta Desai in certificate Ex. P-1068, he is requiring more than 160 units of insulin with 4 oral agents to prevent glycemic spikes. The claimant will have to spend regular monthly 26 of 71 FAO-1923-2008 (O&M) & FAO-3500-2008 (O&M) expenditure on his upkeep and prevent further complications to arise.