Madras High Court
Rajasekar vs United India Insurance Company ... on 23 July, 2021
C.R.P.(P.D).No.836 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD) No.836 of 2018 and
CMP.No.4615 of 2018
Rajasekar ... Petitioner
Vs
1.United India Insurance Company Limited,
“Siling Building”
No.134, Greams Road,
Chennai – 600 006
2.Babu ... Respondents
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India against the order and decree dated 13.12.2017 passed
in MP.No.1186 of 2017 in MCOP.No.2499 of 2010 on the file of Motor
Accident Claims Tribunal, Chennai, IV Judge FAC (III Court of Small
Causes, Chennai)
For Petitioner : M/s.A.Subadra
For Respondents : Mr.M.T.Vijayaraghavan
ORDER
This Civil Revision Petition is filed against the order and decree
dated 13.12.2017 passed in MP.No.1186 of 2017 in MCOP.No.2499 of 2010
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C.R.P.(P.D).No.836 of 2018
on the file of Motor Accident Claims Tribunal, Chennai, IV Judge FAC (III
Court of Small Causes, Chennai), thereby allowing the petition to refer the
petitioner to the medical board to assess the disability.
2. The petitioner is the claimant and the respondents are the
respondents in the claim petition. The petitioner met with an accident and
filed claim petition. While pending the claim petition, the first respondent
filed petition to refer the petitioner to the medical board to assess disability.
Resisting the same, the petitioner herein filed counter stating that he must be
given opportunity to examine his doctor to assess his disability. If the
disability assessed by the doctor is not satisfied to the Claims Tribunal, then
the Tribunal can come to conclusion that the claimant should be referred
before the medical board to assess the disability. The counsel for the
appellant relied upon the judgment in the case of The Branch Manager,
Tata AIG Gen.Ins.Co.Ltd., Vs. Prabhu and another reported in 2017 (1)
TN MAC 106 (DB), in which this Court held that while directions have
been issued to the Tribunal to refer the matters to the medical board, the
Tribunal will bear in mind that if the witnesses produced by the claimants
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C.R.P.(P.D).No.836 of 2018
are credible and the Presiding Officers are satisfied, the matter ought not to
be referred to the medical board, then they should proceed based on the
appreciation of the matter placed before them.
3. Per contra, the learned counsel for the respondents relied upon
the judgment in the case of Oriental Insurance Co.Ltd., Vs. Minor
Giridharan and another reported in 2020 (1) TN MAC 671, wherein this
Court held as follows:
30.This Court is of the considered view that issuance
of Disability Certificates without meeting out the statutory
requirements, will result only in irregularities and inconsistencies
and therefore, a proper and uniform method has to be adopted
while issuing Disability Certificates, in future, to weed out the
same. Accordingly, this Court holds that the Disability
Certificates have to be issued by the authorities competent to
issue such certificates, only as per the Appendices prescribed in
the C.M.A.Nos.2337 of 2015,3026 of 2017, 4225 and 4323 of
2019 aforesaid Notification dated 04.01.2018. It would ensure a
reasonably safe, accurate and consistent assessment of disability
that can be acted upon by all concerned. The formats prescribed
under the aforesaid Notification have to be strictly followed so
that there would be uniformity, consistency and standardisation in
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C.R.P.(P.D).No.836 of 2018
issuance of the same by the authorities.
31.In view of the above, Registry is directed to
circulate this order to all the District and Subordinate Courts
dealing with Motor Accident Claims so as to scrupulously follow
the same for awarding compensation, and to the concerned
authorities for issuing necessary directions to the Medical Boards
in all the Districts of Tamil Nadu to issue the Disability
Certificates as per the formats stipulated in the aforesaid
Notification dated 04.01.2018, while assessing the percentage of
Permanent Disability of the injured / claimant in the motor
accident cases. The District and Subordinate Courts shall accept
only such statutory certificates, to fix the percentage of disability.
A mere statement for disability shall not be considered for
awarding compensation.
4. Irrespective of other factors, this Court specifically directed all
the Subordinate Courts dealing with the motor accident claims so as to
scrupulously follow the directions issued by this Court to the authorities
concerned for issuance of necessary directions to the medical board in all
the districts of Tamil Nadu to issue disability certificate as per the format
stipulated in the notification dated 04.01.2018, while assessing the
percentage of permanent disability of the injured in motor accident cases.
Further held that the disability certificates have to be issued by the
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C.R.P.(P.D).No.836 of 2018
competent authorities and it would ensure a reasonably safe, accurate and
consistent assessment of the disability. Therefore, the court below rightly
directed the claimant to appear before the medical board to assess his
disability.
5. In view of the above discussion, this Court finds no infirmity or
illegality in the orders passed by the court below. Accordingly, this civil
revision petition is dismissed. Consequently, connected miscellaneous
petition is closed. No order as to costs.
23.07.2021
lok
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis/
C.R.P.(P.D).No.836 of 2018
G.K.ILANTHIRAIYAN,J.
lok
To
The Motor Accident Claims Tribunal,
Chennai, IV Judge FAC
(III Court of Small Causes, Chennai)
C.R.P.(PD) No.836 of 2018
23.07.2021
https://www.mhc.tn.gov.in/judis/
