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2016 (4) TMI 1426 - HC - Indian LawsValidity of award and the decree passed by the Motor Accidents Claims Tribunal - Quantum of compensation awarded by the Tribunal - assessment of permanent disablement and possibly functional disability - HELD THAT:- Considering the date of accident (1.7.2011), the age (27 years) and the profession of the injured (Machine Operator), this court is not inclined to interfere with the compensation granted in a sum of Rs.12,66,940/- towards loss of future income. On the basis of the medical bills produced, the Tribunal granted a sum of Rs.3,71,000/- towards medical expenses. Hence, the same is confirmed. It is found that the claimants choose to examine a ‘select group of Doctors’ virtually ‘practising’ in this jurisdiction. The insurance companies and transport corporations repeatedly complain that they are ‘stock witnesses’ and challenge their assessments, even if accepted by claims tribunals after discounting the same. It is noted that some decisions which have been critical of the mode and manner of assessment of disability by these Doctors who regularly appear before the claims tribunals. It is not rocket science to identify the personnel who appear in these proceedings as they are found in the list of witnesses before various claims tribunals all over the State, very regularly. That has been the major grouse or grievance of the insurance companies and transport corporations that these medical professionals do not follow proper practices and their assessments are tilted to advance the interest of the claimants, at times, unfairly. This procedure and practice in assessment of permanent disability by various Doctors in various claims tribunal have led to huge pendency of appeals before this Court also. The sequence of facts, has led to believe that if there was a uniform and consistent practice and procedure in the assessment of permanent disablement and possibly functional disability thereof, then the scope for expeditious disposal of claims may be possible and avoidance of appeals may also become feasible. This Court has pointed out to Central Government Notification on assessment of disability - it is found that Disability (Permanent Physical Impairment) –Assessment and Certification- Guidelines & Gazette Notification- issued by Ministry of Social Justice & Empowerment, Government of India- Regd No.DL33004/99 ( Extraordinary) Part II, Sec 1, June,13, 2001- published by National Institute for the Orthopaedically Handicapped, is a comprehensive test and manual put in place. On going through the same, it is found that it has been drafted and crafted meticulously and has given formula which may lead to arithmetical accuracy in assessment of permanent disability. Or at least it reduces the scope for divergence in assessment and introduces the much needed element of uniformity and consistency in assessment of permanent disability. It is felt that if certificates of permanent disability are issued by Medical Boards in the Districts where the claims are pending and they are based on the Central Government Circular dt.13/6/2001, then scope for challenge of the same may be driven out to a large extent. In addition thereto, a positive fall out could be that such certificates could be marked without the need to examine the Medical Doctors , who are otherwise required to be examined. Time taken for proving the permanent disablement may be shortened and the proof also would be credible, authentic, uniform and consistent. It would be much needed and most welcome medicine for this jurisdiction now infested with far too many claims thanks to the burgeoning number of motor accidents. We have little hesitation in commending its acceptance as early as possible. The infrastructure must be in place before the Medical Boards for facilitating the issue of such certificates of disability. Equally, the stake holders need to get ready for this changed dispensation which would result in marking of the certificate of disability from the Medical Boards as a matter of course without need to have them marked through witnesses or be subjected to cross examination as before. There should be no difficulty to embrace this procedure is mandated to be Summary in nature ( Sec.169). So be it. There cannot be complaint or grouse from either side for the remedy of credibility, authenticity allied with uniformity and consistency would overwhelm any other aspect - The sorely missing element of uniformity and consistency would surely lead to early disposal of claims and possible settlements of the same. Further, scope for dispute in appeals on divergence in assessments of disability would be considerably reduced. In effect, the procedure hit upon and devised for follow up and practice would go a long way in aiding and assisting the Parliamentary mandate to provide speedy succor and relief to innocent motor accidents claims. It would truly be a win win situation for all stakeholders concerned. It is directed that in motor accidents claims the claims tribunals shall issue a letter to Medical Board in the District of Tamil Nadu. Within whose jurisdiction the claim petition was pending and in case there was no Medical Board in the said District to the nearest District Medical Board, to examine the injured claimant/victim and issue a certificate of disability within such time as may be specified by the claims tribunal - the Medical Board/s shall assess the permanent disability or lack thereof as per the Disability (Permanent Physical Impairment) –Assessment and Certification- Guidelines & Gazette Notification- issued by Ministry of Social Justice & Empowerment, Government of India- Regd No.DL33004/99 (Extraordinary) Part II, Sec 1, June,13, 2001- published by National Institute for the Orthopedically Handicapped - the High Court Registry shall issue a Circular on these directions along with the judgment with reasons to be sent to Medical Boards in all Districts of Tamil Nadu through the Registry of the District Courts in Tamil Nadu, as soon as possible. The award and the decree passed by the Tribunal are confirmed - appeal dismissed.
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