[Motor Accident] Claimant Can't Rely On Disability Certificate Without Examining Doctor Who Provided Treatment Or Assessed Disability: J&K High Court

The Jammu and Kashmir High Court has recently underscored the critical role of accurate medical evidence in assessing disability and income for determining just compensation in motor accident claims. A bench comprising Justice Sanjay Dhar has observed, "In order to ascertain the nature of disability of an injured/claimant and its effect upon his earning capacity, the Tribunal has to make every effort to record the evidence of the Doctor who has treated the injured or who has assessed his permanent disability. Mere production of a disability certificate cannot be taken as proof of the extent of disability stated therein". The case revolved around an incident that occurred on December 1, 2011, when a rashly and negligently driven Maruti Car collided with the claimant, resulting in multiple injuries. The injured party subsequently filed a claim petition before the Motor Accident Claims Tribunal in Jammu, seeking compensation for the permanent disabilities sustained as a result of the accident. The claimant alleged loss of earning capacity and claimed a substantial amount of Rs. 17,80,0002 as compensation.The insurance company, one of the respondents in the case, contested the claim petition, arguing that the disability alleged by the claimant relating to neuro problem had not been adequately proven. They contended that no doctors who had treated or examined the claimant were presented as witnesses. Additionally, the insurance company raised concerns about the claimant's income, asserting that there was insufficient evidence to support the claimed amount of Rs. 8,000 per month.After considering the arguments presented by both parties, Justice Sanjay Dhar highlighted the importance of comprehensive medical evidence in determining the extent of disability.Referring to Raj Kumar vs. Ajay Kumar, (2011), the court emphasized the need to record the testimony of doctors who have treated or assessed the injured claimant's disability. Mere production of a disability certificate, without corresponding medical evidence, was deemed insufficient to establish the extent of disability, the bench underscored. The court noted that in this case, the claimant had relied solely on a disability certificate issued by the Standing Medical Board, but failed to present the doctor who assessed him, as a witness. The court further observed that the claimant produced a doctor who had neither treated nor examined the claimant, nor was he related to relevant medical field (neurology)."The claimant cannot rely upon the disability certificate issued by the Medical Board without examining the Doctor who has either treated him or who has assessed his disability at the time of issuing the disability certificate. The actual facts would come to the fore only when the evidence of the relevant Doctor would be recorded and he would be cross-examined", the bench reasoned. Therefore, the court concluded that the disability certificate alone could not substantiate the claimant's disability claim.Regarding the assessment of the claimant's income, the court acknowledged the existence of a salary certificate indicating a monthly income of Rs. 15,000. However, it noted that the tribunal had failed to examine key witnesses, such as the claimant's employer and the doctor who assessed the disability. By neglecting to summon these witnesses and gather crucial evidence, Court said the tribunal was unable to determine a just compensation amount.Consequently, Justice Sanjay Dhar set aside the award and remanded the case back to the tribunal with a direction to summon the doctors responsible for the disability assessment and the claimant's employer to ascertain both the disability and the claimant's actual income. Case Title: National Insurance Co. Ltd. Subash Chander Vs Subash Chander and others. National Insurance Company Ltd Citation: 2023 LiveLaw (JKL) 164Click Here To Read/Download Judgment

[Motor Accident] Claimant Can't Rely On Disability Certificate Without Examining Doctor Who Provided Treatment Or Assessed Disability: J&K High Court

Basit Amin Makhdoomi

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Basit Amin Makhdoomi

[Motor Accident] Claimant Can't Rely On Disability Certificate Without Examining Doctor Who Provided Treatment Or Assessed Disability: J&K High Court

Basit Amin Makhdoomi

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Basit Amin Makhdoomi

This is a premium content
Available exclusively to
Our subscribers