United India Insurance Co. Ltd. vs Dinesh Shrivastava
2022 Latest Caselaw 13541 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                       BEFORE
                                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                             ON THE 14th OF OCTOBER, 2022

                                                           MISC. APPEAL No. 1736 of 2020

                                               BETWEEN:-
                                               UNITED INDIA INSURANCE CO. LTD. / N.H.-7
                                               CHARCH COMPUND SEONI THANA TEH. DISTT.
                                               SEONI M.P. (MADHYA PRADESH)

                                                                                                 .....APPELLANT
                                               (BY SHRI YASH KOUSHAL, ADVOCATE)

                                               AND
                                       1.      DINESH SHRIVASTAVA S/O SHRI BALA PRASAD
                                               SHRIVASTAVA, AGED ABOUT 40 YEARS, R/O
                                               BAJRANG WARD GOTEGAON TEH. GOTEGAON
                                               DISTT.   NARSINGHPUR     M.P.   (MADHYA
                                               PRADESH)

                                       2.      SMT. SARITA SHRIVASTAVA W/O DINESH
                                               SHRIVASTAVA, AGED ABOUT 37 YEARS, R/O
                                               BAJRANG WARD GOTEGAON TEH. GOTEGAON
                                               DISTT.   NARSINGHPUR   M.P.  (MADHYA
                                               PRADESH)

                                       3.      YASHWANT SINGH THAKUR         S/O SHRI
                                               RAGHUNANDAN SINGH THAKUR, AGED ABOUT
                                               30 YEARS, MARBODI THANA BANDOL TEH.
                                               DISTT. SEONI (MADHYA PRADESH)

                                       4.      BALVEER SINGH THAKUR S/O SHRI HARISINGH
                                               THAKUR, AGED ABOUT 25 YEARS, MARBODI
                                               THANA BANDOL TEH. DISTT. SEONI (MADHYA
                                               PRADESH)

                                                                                              .....RESPONDENTS
                                               (NONE )

                                             Th is appeal coming on for hearing this day, t h e court passed the
Signature Not Verified
  SAN
                                       following:
Digitally signed by MOHD TABISH KHAN
Date: 2022.10.18 19:27:12 IST                                          ORDER
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                                             Th is appeal coming on for hearing this day, t h e court passed the
                                       following:
                                                                             ORDER

This appeal is filed by the Insurance Company being aggrieved of award d ated 29.11.2019 passed in M.A.C.C. No.300043/2016 by learned IIIrd Additional Motor Accident Claims Tribunal, Seoni on the ground that learned Tribunal has accepted factum of cent percent disability on the basis of certificate without there being any examination of the competent Doctor who had either treated the claimant or had issued disability certificate.

It is submitted that as per the law laid down by Hon'ble Supreme Court in

case of Raj Kumar Vs. Ajay Kumar and another, (2011) 2 MPLJ, 256 , Supreme Court has held that in para 12 that mere production of a disability certificate or discharge certificate will not be proof of the extent of disability stated therein unless the Doctor who treated the claimant or who medically examined and assessed the extent of disability of claimant, is tendered for cross-examination with reference to the certificate. If the Tribunal is not satisfied with the medical evidence produced by the claimant, it can constitute a Medical Board (From a panel maintained by it in consultation with reputed local Hospitals/Medical Colleges) and refer the claimant to such Medical Board for assessment of the disability.

Placing reliance on the judgment of Hon'ble Supreme Court, it is submitted that admittedly Doctor in question was not examined, and therefore, impugned award deserves to be set aside.

Nobody is appearing for the claimants despite service of notice and name Signature Not Verified

of the counsel being reflected in the cause list. SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.10.18 19:27:12 IST After hearing learned counsel for the appellant and going through the

judgment of Hon'ble Supreme Court in Raj Kumar (supra), I am of the opinion that impugned award deserves to be set aside and is set aside. Matter is remitted to the learned Claims Tribunal to permit the claimant to adduce evidence of the Doctor who had issued disability certificate Ex.P-77 at District Medical Board, Narsinghpur or in the alternative Tribunal will be free to constitute a Medical Board from a panel maintained by it in consultation with reputed local Hospitals/Medical Colleges in the Division and refer the claimants to such Medical Board for assessment of the disability.

L e t this exercise be completed and fresh award be passed after completion of this exercise within three months from the date of receipt of certified copy of the order being passed today.

In above terms, this petition is allowed and disposed of. Record of the Tribunal be sent back.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.10.18 19:27:12 IST