Aurobinda Manna vs United India Insurance Co. Ltd
2023 Latest Caselaw 4232 Cal

14.07. 2023
item No.8
n.b.
ct. no. 551               FMA 545 of 2012

                         Aurobinda Manna
                                Vs.
                 United India Insurance Co. Ltd.

              Mr. Ashique Mondal
                              .....for the appellant.
              Mr. Sanjay Paul
                              .... For the respondent.

The Instant appeal is taken up for hearing.

Heard the learned advocates. During the course of

argument, it appears to me that the instant appeal is

preferred against the judgment dated January 22, 2010

passed by the learned Judge, 6th Bench, City Civil Court,

Calcutta in Motor Accidents Claims case no.281 of 2008.

It further appears that during the course of

argument one disability certificate issued by a Doctor

namely, P.K. Mondal, which was marked as Exhibit 5 by

the learned Tribunal, was disbelieved. However, it further

appears that husband present appellant being the victim

of the accident never been produced any Medical Report

constituted by the Government doctors to verify his

permanent disability. The issue needs to be determined

first before going to pass an appropriate order in this

appeal.

Accordingly, he victim of this case namely,

Aurobinda Manna is directed to appear before Medical

Board constituted by the Medical Officers of the Medinipur

Medical Collage and Hospital to asses the

permanent/partial disability of the victim of the accident

viz. Aurobinda Manna.

The Superintendent of Medinipur Medical College

and Hospital is directed to constitute the Board of the

Doctors to assist the disability of the victim namely,

Aurobinda Manna and submit a detailed report to that

effect before this Court within July 28, 2023.

The Superintendent, Medinipur Medical College &

Hospital is further directed to make available, so that the

Board can be constituted on July 25, 2023 and the victim

is directed to appear before the Board on that date.

The District Judge, Paschim Medinipur is directed

to look into the matter; so that the examination of the

victim can be effectively done by the Superintendent of the

Medinipur Medical College and Hospital as directed

hereinabove.

Let the order of this Court be served upon the

District Judge, Paschim Medinipur and Superintendent of

Medinipur Medical College & Hospital for proper

compliance through Learned Registrar General, High

Court, Calcutta.

List the matter on July 28, 2023.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Subhendu Samanta, J.)